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THE 

UNITED   STATES 

CUSTOMS   GUIDE; 

BEING 

A   COMPILATION   OF   THE   LAWS 

RELATING  TO  THE  REGISTRY,  ENROLLMENT,  AND  LICENSING  OF  VESSELS  J 
ENTRY  AND  CLEARANCE   IN  THE   FOREIGN  AND  COASTING  TRADE  J 
NAVIGATION  ,•  COMMERCIAL  INTERCOURSE  }  SEAMEN 
IN    THE     MERCHANT    SERVICE  ; 

THE  ENTRY  OF  MERCHANDISE 

FOB  CONSUMPTION  AND  FOR  WAREHOUSING; 

WITH 

A  TABLE  OF  DUTIES  PAYABLE, 

ARRANGED    ALPHABETICALLY    AND    IN    ACCORDANCE   WITH    THE    LATEST 

DECISIONS  j     THE     CARRIAGE     OF    PASSENGERS  ;     THE     FRONTIER 

TRADE  J    OFFENSES  AGAINST  THE   REVENUE  ;    REMISSION 

OF   FINES,    PENALTIES,    FORFEITURES,  &X.  J 

WITH  COPIOUS  EXTRACTS  FROM  THE  REGULATIONS  OF  THE  TREASURY  DEPARTMENT. 

TO  WHICH  ABE  ADDED 

A    SCHEDULE    OF    FEES    PAYABLE   AT    THE  CUSTOM  HOUSES,  AND  TABLES 

OF    FOREIGN  WEIGHTS,  MEASURES,  AND  MONEYS  REDUCED 

TO    FEDERAL    STANDARDS. 


By    R.    S.    S.   ASMOS, 

LATE  DEPUTY  COLLECTOR  OF*  THE  C  V  I  3  Oil  S  ,*  *8  &  S  V  G  N.  , 


BOSTON: 

PUBLISHED    BY    T.    R.    MARVIN. 

NEW  YORK:  D.  APPLETON  &  CO. 

1859. 


As 


Entered,  according  to  Act  of  Congress,  in  the  year  3859,  by 

T.    R.    MARVIN, 

In  the  Clerk's  Office  of  the  District  Court  of  the  District  of  Massachusetts. 


WFTOF 

Bancroft 


INDEX. 


Ftg* 

Appeals  and  Protests 245 

Appraisement 117 

Value  of  imports  to  be  ascertained  by  appraisement 117 

Certificate  nf  one  appraiser  sufficient 117 

Incase  there  are  no  appraisers  at  the  port 118 

Appraisers  must  use  all  reasonable  means  to  get  value 118 

Appraisers  may  summon  importer  and  others 118 

Importer  may  demand  reappraisement 119 

Other  officers  may  act  as  appraisers 120 

Secretary  of  Treasury  may  establish  regulations. . 120 

Number  of  packages  in  every  invoice  to  be  examined 120 

What  is  meant  by  period  of  exportation 121 

What  must  be  regarded  as  principal  markets 122 

What  must  be  understood  by  the  term  "  country  " 122 

Actual  examination  must  be  made  by  appraisers,  and  how 122 

Examination  and  appraisement  at  port  of  importation 123 

Goods  transported  under  bond,  appraisement  may  be  revised 123 

Percentage  advances  and  average  valuations  prohibited 123 

Examination  of  articles  not  imported  as  merchandise 124 

Appeal  from  decision  of  appraisers 124 

Merchant  refusing  to  act  as  appraiser,  penalty 124 

Compensation  of  merchant  appraiser 124 

Appraisements  legally  made  not  to  be  reopened 125 

No  appeal  being  taken,  decision  of  local  appraisers  final 125 

Reappraisement,  when  demanded,  to  be  immediate 125 

Baggage  of  Passengers 127 

Bounty  and  Drawback 257 

Bounty  on  foreign  sugar  refined  in  United  States 257 

Proceedings  necessary  to  obtain  same 258 

Inspection  must  be  made  by  surveyor 258 

Weight  to  be  ascertained  and  lading  made  under  inspection 258 

Exporter  must  make  oath  and  give  bond 258 

Certificate  of  drawback,  when  payable 259 

What  are  considered  "refined  sugars  " 259 

P.  ate  of  drawback  allowed 259 

Transportation  from  one  district  to  another 260 

Exportation  to  adjacent  British  Provinces 260 

Wh-n  entry  is  not  completed  within  time  allowed 260 

Bonds,  how  canceled  and  how  executed 261 

Bonds  not  canceled,  when  to  be  put  in  suit 261 

Pickled  fish,  drawback  on  exportation 261 

Rate  of  drawl  ack  on  same 262 

False  entry,  penalty  for ; 262 

British  Provinces  adjacent,  exportation  to 251 

British  Provinces,  reciprocal  trade  with 232 

Carriage  of  Passengers 266 

Number  according  to  tunnage  and  space 266 

Provision  respecting  berths,  &c. 


861303  CT 


4  INDEX. 

Tage 

Vessels  having  fifty  or  one  hundred  and  fifty  passengers 2G9 

Ventilation,  provisions  for 209 

Cooking  apparatus,  provisions  for 270 

Kinds  and  quantity  of  provisions  required 270 

Discipline,  provisions  for  keeping 271 

Penalties  in  sundry  cases 272 

Vessels  must  be  examined  on  arrival  and  departure 272 

Provisions  in  regard  to  space  in  steamers 272 

Vessels  bound  to  the  Pacific  with  passengers 273 

Master  must  deliver  manifest  of  passengers 273 

Copy  must  be  sent  to  Department  of  State 274 

If  passengers  die  on  the  voyage 274 

Vessels  may  be  libeled  for  penalties 275 

This  act  applies  to  colonization  vessel 275 

Emigrant  ships  must  be  inspected  on  arrival 275 

Same  must  be  reported  to  Secretary  of  the  Treasury 275 

Change  of  Vessel's  Name,  and  Mode  of  Proceeding...     54 
Clearance  of  Vessels  for  Foreign  Ports 95 

Master  must  produce  manifest  of  cargo 95 

Shippers  must  deliver  manifests 95 

Duty  of  collectors  and  other  officers 96 

must  deliver  list  of  crew  before  clearance 96 


Coasting  Trade 97 

What  vessels  may  engage  in  this  trade 97 

Sea  coast  divided  into  three  districts 97 

How  and  what  vessels  may  trade  between  them  without  clearing  and  en- 
tering  , . 98 

Duty  of  master  in  such  cases 98 

When  vessels  must  clear  and  enter 99 

Penalty  for  leaving  without  delivery  of  manifest 99 

Master  must  deliver  manifest  on  arrival,  &c 100 

Goods  taken  on  board  or  landed  after  clearance 100 

In  case  tliere  be  no  collector  or  surveyor  within  five  miles 100 

Penalty  for  neglect  to  deliver  manifest . 100,  102 

What  vessels  are  required  to  clear  and  enter  coastwise 101 

Penalty  for  non-compliance  with  these  requirements 101 

Manifest  must  be  delivered  previous  to  unlading 101 

When  part  of  cargo  is  destined  for  another  district 102 

When  vessel  puts  into  port  other  than  destination 102 

When  manifest  with  foreign  goods  is  lost  or  mislaid 102 

Foreign  vessels  proceeding  coastwise 103 

Permit  to  touch  and  trade 104 

Registered  steamers  and  other  vessels  may  engage  in  coasting 104 

Commercial  Intercourse  with  Foreign  Nations 78 

Decisions  and  Regulations  under  the  Tariff  Laws...  206 

Drawback  and  Bounty 257 

Drugs,  inspection  of 289 

Duties  on  Imports 156 

Collector  to  decide  whether  goods  are  dutiable 1G5 

Classification  of  non-enumerat  d  articles 1C6 

Wrecked  goods  free  in  certain  cases 1G6 

Duties,  table  of,  alphabetically  arranged 167 

Enrollment  and  Licensing  of  Ships  and  Vessels 44 

What  vessels  shall  be  deemed  vessels  of  United  States 44 

Qualifications  necessary  to  enrollment 44 

Register  may  be  exchanged  for  enrollment  or  license 45 

Licensing  for  coasting  trade  and  fisheries 47 

License  to  be  considered  in  force,  how  long 48 

Vessel  forfeited  in  certain  cases,  if  without  license 48 


INDEX.  5 

Page 
Vessel  forfeited  if  proceeding  on  foreign  voyage  without  surrender  of  enroll- 
ment and  license 49 

License,  when  to  be  given  up  to  collector 49 

License  may  be  surrendered  by  owner  at  any  time 50 

Licensed  vessel  must  have  name  on  stern 50 

Change  of  master  must  be  reported  and  indorsed 50 

Any  officer  may  inspect  enrollment  and  license 50 

Vessels  to  be  measured  before  being  licensed 51 

Penalties  for  false  representation  and  swearing 51 

Licensed  vessel  transferred  to  a  non-resident  may  be  forfeited 51 

Act  not  to  extend  to  boats  not  masted  and  decked 51 

Entry  of  Merchandise 108 

No  goods  to  be  imported  in  vessels  less  than  thirty  tuns 108 

No  goods  can  be  unladen  except  in  ports  established  by  law 108 

Entry  must  be  made  within  fifteen  days 108 

Consignee  must  be  deemed  the  owner 109 

How  to  proceed  when  no  invoice  has  been  received 109 

Oath  to  be  taken  by  a  consignee  or  agent Ill 

Oath  by  owner  or  importer  where  goods  have  been  purchased 112 

Oath  by  manufacturer  or  owner  where  goods  have  not  been  purchased 112 

How  entry  may  be  allowed  when  owner  residing  in  United  States  is  absent.  113 

Goods  belonging  to  a  non-resident  can  not  be  admitted  without  oath 144 

But  Secretary  of  Treasury  may  authorize  entry 114 

Goods  on  joint  account  of  resident  and  non-resident 115 

Goods  belonging  to  insolvents  or  persons  deceased 115 

Goods  taken  from  a  wreck  must  be  appraised 116 

Invoice  entered  to  be  certified  by  collector 116 

Entry  is  conclusive  against  owner 116 

Goods  destined  for  certain  interior  ports 116 

Entry  of  Goods  for  Warehousing 131,  142 

Entry  of  Vessels  from  Foreign  Ports 84 

Where  lawful  to  make  entry 84 

No  goods  to  be  imported  in  United  States  vessel  without  manifest 84 

Manifest  must  be  ready,  when 86 

Master  must  report  within  twenty-four  hours  after  arrival 87 

Tunnage  duty  to  be  paid,  and  register  and  clearance  produced,  before  entry.  90 

If  the  vessel  have,  as  cargo,  spirits,  wines,  or  teas 88 

Passengers'  manifest  must  be  delivered 89 

Ships  or  war  and  dispatch  vessels  not  required  to  enter 91 

Merchandise  for  foreign  port  may  be  reexported 91 

Vessels  from  district  to  district  with  certified  manifest 91 

Vessels  having  spirits,  wines,  or  teas  for  another  port 93 

Vessels  putting  in  from  distress 94 

Exportation  to  adjacent  British  Provinces 251 

Merchand  ise  destined  there,  how  entered  on  the  seaboard 251 

Consignee  must  enter  into  bond 252 

Goods  must  be  accompanied  by  manifest 253 

Proceedings  on  arrival  at  frontier 253 

Above  named  form  of  enlry  only  allowable,  when 254 

Packages  to  be  corded  and  sealed  when 254 

Wines  and  distilled  spirits  must  be  sampled 255 

Merchandise  for  adjacent  provinces,  when  to  be  warehoused 255 

How  said  merchandise  may  be  withdrawn  and  exported 256 

Frontier  ports  through  which  exportation  may  be  made 256 

Goods  from  Canada  may  be  entered  as  above 256 

Goods  entered  for  exportation  liable  to  forfeiture  if  brought  back 257 

Bonds,  how  extended  and  when  to  be  put  in  suit 257 

Fees,  custom  house,  table  of 293 

Fees,  consular,  table  of 293 

Fisheries,  vessels  engaged  in 262 

Foreign  Nations,  commercial  intercourse  with 78 

Foreign-built  Vessels  owned  by  Citizens  of  U.  S 52 


6  INDEX. 

Page 

Frontier  Trade 276 

Free  navigation  of  lakes  and  rivers  to  Indians  and  British  subjects 276 

No  duties  on  goods  and  effects  of  Indians 276 

Persons  from  adjacent  territory  must  deliver  manifest  of  goods 276 

Deputy  collector  may  require  duties  thereon 277 

Vessels  of  United   States  on  northern,  north-eastern,  and  north-western 

frontiers 278 

Vessels  of  Great  Britain  on  same 278 

Vessels  navigating  such  waters  must  be  enrolled,  &,c 278 

Frontier  districts  subject  to  seaboard  regulations 278 

Goods  damaged  on  Voyage  of  Importation 249 

Damage  to  be  appraised  and  allowance  made 249 

The  term  "during  the  voyage"  defined 249 

Proof  required  to  ascertain  damage . 249 

Damage  discovered  on  goods  while  under  appraisement 250 

Examination  of  damaged  goods,  where  to  be  made 250 

Average  damage  prohibited 251 

Damage  must  be  appraised  at  original  port 251 

Where  there  is  no  appraiser,  collector  to  appraise '. 251 

Molasses  damaged  by  souring 251 

Hospital  Fund 286 

Collection  of  hospital  money 286 

Who  are  seamen  within  the  law 286 

Vessel  cannot  enter  without  list  of  seamen,  &c 287 

List  to  be  exhibited  on  change  or  renewal  of  papers 287 

Payment  by  vessels  in  the  coasting  trade 287 

Accounts  must  be  filled  up  by  the  master 288 

No  deductions  to  be  allowed 288 

Collector  may  demand  books  and  papers 288 

Who  are  entitled  to  benefit  of  the  fund 288 

Time  for  which  relief  may  be  extended  . . 289 

Foreign  seamen,  how  admissible  to  hospital 289 

Inspection  of  Drugs 289 

Drugs  and  medicines  must  be  examined  before  entry 289 

Condemned,  if  inferior  to  certain  standards 290 

Examination,  by  whom  made 290 

What  are  considered  as  drugs 291 

Patent  medicines  must  be  examined 291 

Collectors  may  appoint  examiners  in  certain  cases 291 

Inspection  and  Landing  of  Goods 235 

Inspectors  may  be  placed  on  board  vessels  on  arrival 235 

Duty  of  inspectors  in  delivery  of  cargo 235 

Inspector  cannot  perform  other  duties 235 

His  wages  to  be  paid  by  master,  if  proceeding  to  another  district 235 

Collectors  and  other  officers  have  right  to  search , 236 

Hatches  to  be  secured  by  inspectors 236 

Penalty  for  breaking  or  removing  lock 236 

Goods  cannot  be  landed  without  permit 237 

Goods  must  be  unladen  by  daylight  238 

Goods  cannot  be  removed  until  weighed,  &.c 238 

Goods  for  appraisement  to  be  deposited  in  warehouse 238 

Damaged  goods  also 238 

Goods  on  board  after  a  limited  time  to  be  taken  possession  of 239 

Exception  in  respect  to  cargoes  of  salt  and  coal 240 

Return  must  be  made  by  inspector  when  delivery  is  completed 240 

If  goods  do  not  agree  with  manifest,  penalty 240 

But  post  entry  may  be  allowed  i  n  certain  cases 240 

Weighers,  gaugers,  and  measurers  must  make  return  in  three  days 241 

No  goods  to  be  delivered  until  reported  on  by  appraisers 24 1 

Unless  importer  give  bond  to  redeliver 241 

Goods  for  examination,  when  and  how  delivered 242 

Resort  to  be  had  to  bond,  when 243 

Vessels  ice  -bound  may  discharge  elsewhere 243 


INDEX.  7 

Page 

Invoices 105 

No  goods  admitted  to  entry  without  invoice 105 

Invoice  must  be  in  the  currency  of  the  country  whence  imported 105 

If  currency  is  depreciated,  how  to  ascertain  value 106 

Invoice  must  exhibit  weight  or  quantity 106 

Importer  may  add  to  value  in  invoice  on  entry 106 

Value  in  invoice  can  in  no  case  be  reduced 106 

Landing  and  Inspection  of  Goods 235 

Licensing  and  Enrollment  of  Ships  and  Vessels 44 

Licenses  to  Yachts 53 

Secretary  of  Treasury  may  grant  licenses 53 

Must  be  provided  with  xpcaal  signal 53 

Marine  Papers 57 

Passport,  form  of,  will  be  prepared  by  Secretary  of  State 57 

Vessels  bound  to  foreign  port  will  be  furnished  with 57 

Sea  letter  and  certificate  of  national  character 58 

Merchandise,  entry  of 108 

Mitigation  and  Remission  of  Fines,  &c 284 

If  penalty  or  forfeiture  do  not  exceed  fifty  dollars 285 

Moneys,  foreign,  table  of 315 

Name,  change  of  vessel's 54 

Navigation  Laws 72 

Duty  on  tunnage  of  vessels  in  foreign  trade 72 

Duty  on  tunnage  of  vessels  in  coasting  trade 72 

Foreign  vessels  must  pay  light  money,  when 72 

When  foreign  vessels  pay  extra  duty 72 

What  vessels  may  import  foreign  goods  72 

Forfeiture  of  goods  and  vessel,  if  imported  contrary  to  foregoing  provision. .  73 

Fishing  vessels  must  have  three  fourths  American'crews 73 

Coasting  trade  restricted  to  vessels  of  United  States 73 

Tunnage  duty  on  coasters,  if  crew  be  not  three  fourths  American 73 

Also  on  vessels  from  foreign  ports  in  like  cases 75 

How  these  duties  may  be  abated 75 

Tunnage  duties  on  vessels  of  United  States  discontinued,  &c 76 

Also  on  foreign  vessels,  conditionally 76 

Discriminating  duties  conditionally  suspended 76 

Goods  in  foreign  vessels  to  pay  discriminating  duty  in  certain  cases 77 

Additional  duty  on  goods  in  foreign  vessels  not  remitted  on  exportation. ...  77 

Offenses  against  the  Revenue  Laws 279 

Importation  of  merchandise  without  manifest 279 

Neglect  to  be  provided  with  and  to  produce  manifest 279 

Unlading  cargo  before  authorization 280 

Putting  or  receiving  such  cargo  into  another  vessel,  &c 280 

Vessel  departing  after  arrival  before  report  or  entry 281 

Landing  goods  in  the  night  time  or  without  permit 281 

Goods  subject  to  duty,  found  concealed 282 

Goods  entered  below  cost  liable  to  forfeiture,  when 282 

Also  goods  which  differ  from  the  entry 283 

Concealing  or  buying  goods  liable  to  seizure 283 

Resisting  or  obstructing  officers  of  the  customs 283 

If  invoice  be  made  up  with  intent  to  defraud 284 

Smuggling  and  false  invoices 284 

Burden  of  proof  on  claimant  in  cases  of  seizure 284 

Passengers'  Baggage 127 

What  is  and  what  is  not  exempt  from  duty 127 

Passengers,  carriage  of 266 


8  INDEX. 

Page 

Penalty 42 

For  making  false  register,  record,  or  certificate 42 

For  fraudulently  using  certificate 43 

For  making  false  oath  or  affirmation 43 

Ports  of  Entry  and  Collectors 13 

Prohibitions 244 

Beer,  ale,  porter,  distilled  spirits,  and  refined  sugar,  certain  capacities  re- 
quired for 244 

Indecent  articles,  prints,  Sec,  entirely  prohibited 245 

Importation  of  dutiable  goods  in  vessels  of  the  United  States  navy 245 

Protests  and  Appeals 245 

Written  protest  must  be  made  to  reclaim  duties  illegally  exacted 245 

Importer's  right  of  action  limited  in  time 246 

Duties  not  paid  under  written  protest  not  illegally  exacted 246 

When  protest  must  be  made 246 

What  protest  must  set  forth 246 

Protest  must  be  made  on  each  importation 247 

Protest  requisite  in  case  of  additional  duties 247 

Duties  paid  under  protest  not  recoverable  unless  paid  to  obtain  possession  of 

the  goods 247 

Protest,  how  required  to  bo  made 247 

Collector  must  examine  protest  before  receiving  duties 248 

Appeals  under  the  act  of  March  3,  1857 248 

The  term  "ten  days  after  entry  "  defined 248 

Reciprocal  Trade  with  British  Provinces 232 

Schedule  of  articles  free  of  duty 232 

Proof  of  origin  must  be  given 232 

Merchandise  only  free  when  imported  direct 233 

Articles  manufactured  from  materials  produced  in  United  States 233 

Barrels  as  pack-ages 233 

CI apboards , 233 

Flour  from  American  wheat  imported  from  Canada 234 

Graphite  (plumbago  or  black  lead) 234 

Iron,  old  scrap  and  railroad 234 

Oil,  cod  liver 234 

Pearl  barley 234 

Saleratus 234 

Split  peas 234 

Tar,  coal 234 

Timber  and  lumber 234 

Recording  of  Vessels  built  in  the  United  States,  but 
belonging  wholly  or  in  part  to  foreigners 41 

Vessel  must  be  measured,  &c 41 

On  change  of  master,  indorsement  as  if  registered 42 

Master  of  any  recorded  vessel  must  produce  certificate  on  entry 42 

Registry  of  Ships  and  Vessels 25 

Vessels  deemed  vessels  of  United  States 25 

Vessels  entitled  to  registry 25 

Where  vessels  shall  be  registered 27 

Proceedings  preliminary  to  registry 27 

Owner's  oath  must  be  filed  in  ninety  days 29 

Vessel  must  be  surveyed  before  registry 29 

Owner  and  master  must  give  bond 30 

New  vessel  must  have  carpenter's  certificate 31 

Form  of  certificate  of  registry 32 

Proceedings  when  ship  and  owner  are  in  different  districts 33 

Proceedings  when  ship  is  in  a  district  more  than  fifty  miles  distant 34 

How  a  lost  register  may  be  replaced 36 

When  a  vessel  must  be  registered  anew 37 

Indorsement  must  be  made  on  change  of  master 38 

Vessel  sold  to  foreigner  forfeited,  unless  sale  be  made  known 38 

On  arrival  from  foreign  port,  owner  must  make  oath  to  register 33 


INDEX.  9 

Page 

Of  canceling  registry  bond 39 

Of  numbering  certificates,  preserving  copies,  &c 40 

Regulations  and  Decisions  under  the  Tariff  Laws...  206 

Acetate  of  lead 206 

Acetate  of  morphi a 206 

Acetosella  sal 206 

Additional  duties,  penal,  bow  estimated 206 

Allowances  and  abatement  of  duties 207 

Almonds 208 

Ammonia,  sulphate  of 208 

Apparatus,  philosopbical 209 

Art,  works  of 209 

Articles  composed  of  two  fabrics 315 

Bale  rope 209 

Beet  root  for  paper  manufacture 315 

Benzole 209 

Benzoin  or  gum  benjamin 209 

Blank  books 209 

Blankets 209 

Blanketings 210 

Books,  periodicals,  or  pamphlets 210 

Books  in  course  of  publication 211 

Books,  metallic  memorandum 211 

Books  as  personal  or  household  effects 211 

Borax 211 

Brandy  coloring 21 1 

Cameos,  coral 212 

Canary  seed 212 

Casks  of  American  manufacture,  reimported 214 

Cloths  or  coatings 212 

Cocoa  matting 212 

Coffee 212 

Costs,  charges,  and  commissions 213 

Cotton,  azotique,  or  gun  cotton 215 

Cotton,  manufactures  of 215 

Cotton  and  linen  fabrics 216 

Cotton  and  worsted  fabrics 216 

Crochet  needles 216 

Del  ai  nes 216 

Discounts 217 

Drawbacks  or  bounties 217 

Duties,  when  they  attach 217 

Effects,  personal  and  household 218 

Engravings 218 

Error  in  assessment  of  duties 218 

Felt,  adhesive,  for  sheathing  vessels 218 

Filberts 219 

Flannels 219 

French  sand j 219 

Garancine 219 

Glass,  cut 219 

Glass,  painted,  colored,  or  stained, 220 

Goni  li  ne 220 

Goods,  production  of  the  United  States,  when  free  of  duty 220 

Goods,  foreign,  when  re-imported 221 

Grain  bags 314 

Ground  pea  or  peanut 221 

Henlp  carpeting 221 

Hemp  cloth,  Manila 221 

Horse  hair 221 

Household  effects 218,  221 

Iodine 222 

Japan  wax 222 

Junk,  old 222 

Jute  carpeting 222 

Leather,  glazed 222 

Leeches 222 

Limes,  salted 222 


10  INDEX. 

Pig. 

Machinery  imported  for  use 223 

Machinery  of  American  manufacture 223 

Melado 223 

Millstones 314 

Molasses,  concentrated 223 

Musical  instruments 223 

Naphtha,  crude 224 

Ostrich  feathers 224 

Pai utings,  enameled 224 

Paintings  in  frames 224 

Paintings  on  glass,  china,  &c 224 

Pearls  strung  on  thread 314 

Peppers,  salted 225 

Philosophical  apparatus 209 

Pam phlets  or  periodicals 210 

Percussion  caps 225 

Photographic  views 225 

Platina 225 

Potash,  chlorate  of 225 

Pulu 225 

Presents  to  persons  or  institutions,  dutiable 225 

Salacine 225 

Samples 225 

Shawls  and  scarfs 226 

Sheathing  metal,  zinc  as 226 

Shingles 226 

Silver  plate,  &c,  when  dutiable 226 

Sheep  skins,  rates  of  duty 226 

Soda,  caustic 226 

Statuary,  what  is  considered  such 227 

Statuettes,  Parian,  Bisque,  china,  &c 227 

Steel,  at  twelve  and  fifteen  per  cent 227 

Stone,  water  of  Ayr 227 

Straw,  twisted 227 

Studs  ordinarily  worn  on  shirt  bosoms 228 

Sumac 228 

Tamarinds 228 

Tannin 228 

Teas  from  Singapore 228 

Teas  from  Singapore,  additional 314 

Type,  old 228 

Walnuts  in  salt  and  water 229 

Waste  of  silk 229 

Watches  and  parts  of  watches 229 

Wood ,  green  ebony 229 

Wool 229 

Wrecks,  merchandise  recovered  from 230 

Zinc,  corrugated 231 

Zinc,  sheathing 226,231 

Reimportation  of  Articles  of  United  States  Growth, 

&c 129 

Condition  of  exemption  from  duty 129 

Entry  must  be  made  as  in  other  cases 129 

If  not  cleared  out,  suhject  to  duty 130 

Certificate  also  required  from  foreign  port 130 

Bond  may  be  taken  to  produce  proof  of  clearance 131 

Remission  and  Mitigation  of  Forfeitures,  &c 284 

Seamen 60 

Master  must  make  written  agreement  with 60 

Forfeit  if  seaman  neglects  to  render  himself  on  board 60 

Forfeit  if  seaman  absents  himself  from  vessel 61 

When  seaman  may  demand  his  wages 61 

Seamen  deserting  may  be  arrested 62 

What  vessels  shall  have  medicine  chests 62 

Vessels  must  have  certain  quantities  of  water  and  provisions  * 63  - 

Collectors  shall  register  seamen  and  grant  protections 63 


INDEX.  11 

Page 

Master  from  foreign  port  to  pay  twenty  cents  per  month  for  each  man 64 

Coasting  masters  same  as  above 64 

Disabled  seamen  may  have  temporary  relief. 64 

Seamen  discharged  in  foreign  country  to  have  extra  pay 65 

Provision  for  destitute  seamen  in  a  foreign  port 65 

Duplicate  list  of  crew  must  be  a  fair  copy 66 

Owner  must  obtain  certified  copy  of  shipping  articles 66 

These  two  documents  shall  be  deemed  to  contain  the  full  contract 66 

All  interlineations,  &c,  to  be  deemed  fraudulent 66 

On  application  of  both  master  and  seamen,  consul  may  discharge 67 

Discharge  must  be  noted  on  crew  list  and  articles 67 

How  seamen  may  be  shipped  in  a  foreign  port ^ 67 

If  voyage  be  continued  contrary  to  agreement,  consul  may  discharge 67 

When  shipments  of  seamen  are  void 68 

Consuls  must  discountenance  insubordination 68 

Proceeding  when  a  vessel  is  unseaworthy 68 

Crew  shall  have  full  liberty  to  complain  to  consul 69 

Deserters,  power  of  consul  in  regard  to 69 

Vessel  sailing  without  proper  documents,  liable  to  fine 70 

Wages  of  deserters  forfeited  to  United  States 70 

How  seamen  may  be  discharged 71 

Sea  Stores  of  Vessels  from  Foreign  Ports 125 

Master  from  foreign  "port  shall  specify  stores  on  manifest 125 

What  articles  may  be  considered  as  equipment 126 

Steamboat  Inspectors 23 

Steam  Vessels,  inspection  of 292 

Regulations  for  inspection 292 

Vessels  cannot  be  registered,  &c,  until  inspected 292 

Exemptions  to  above 293 

Transfer  of  Vessels 55 

Bill  of  sale  not  valid  unless  recorded 55 

Collectors  must  record  and  certify  bills  of  sale 55 

Index  of  records  will  be  kept  for  inspection 55 

Certified  copies  of  record  shall  be  furnished 56 

Owner  applying  for  register,  &c,  shall  specify  other  owners 56 

Vessels  engaged  in  the  Fisheries 262 

Qualifications  of  such  vessels 262 

Bounty  on  vessels  engaged  in  cod  fishery 263 

Agreement  to  be  entered  into  in  certain  cases 263 

Vessels  must  be  inspected 264 

What  proofs  are  required  for  bounty 264 

Journals  or  log-books  must  be  kept  and  produced 265 

Conditions  and  restrictions  for  bounty 265 

Wrecked  vessel,  how  bounty  is  to  be  obtained 266 

Weights  and  Measures,  table  of 302 

Warehousing 131 

How  goods  may  be  warehoused 131 

Unclaimed  goods  may  be  taken  possession  of 133 

May  be  sold,  and  when 133 

Occupant  of  private  warehouse  to  give  bond 133 

Goods  at  risk  and  expense  of  importer 133 

May  remain  three  years  and  be  withdrawn,  &.c 134 

Duties  once  paid  will  not  be  refunded 134 

No  allowance  for  drainage  or  leakage 134 

May  be  transported  under  bond  from  one  district  to  another 134 

Secretary  of  Treasury  will  prescribe  form  of  bond 135 

Penalty  for  failure  to  comply  with  its  provisions 135 

Leasing  of  public  warehouses  and  stores 135 

Duties  on  goods  destroyed  by  fire,  &c 136 

Goods  fraudulently  concealed  or  removed 136 

Penalty  for  altering  marks 136 


12  INDEX. 

Page 

Quarterly  returns  of  goods  to  be  made 137 

Secretary  of  Treasury  authorized  to  make  regulations 137 

Of  stores  owned  or  hired  by  United  States 137 

Of  stores  in  possession  and  sole  occupancy  of  importer 138 

Of  stores  in  occupancy  of  persons  desiring  to  engage  in  business  of  storage. .  138 

Yards,  &c,  for  storage  of  wood,  coal,  mahogany,  molasses,  &c 139 

Cellars  and  vaults  as  warehouses 139 

Owner  or  occupant  to  give  bond 139 

Warehouses  to  be  placed  in  charge  of  officers 140 

Compensation  of  such  officers 140 

Application  to  have  premises  constituted  a  warehouse 140 

Stores  must  have  proper  fastenings 141 

Occupant  may  have  counting  room  therein 141 

Disregard  of  regulations  or  pay  of  officer 141 

Collector  may  require  new  bond 141 

Occupant  may  relinquish  store  under  conditions 141 

Goods  may  be  transferred  from  one  store  to  another 142 

Entry  of  merchandise 142 

Bond  to  he  given  by  importer 142 

Goods  must  be  accompanied  by  receipts 142 

Importer  entitled  to  warehouse  certificate 143 

Withdrawal  entry  for  consumption 143 

Transportation  from  one  United  States  port  to  another 144 

Bond  to  be  given  for  transportation 144 

Time  allowed  for  transport  from  one  port  to  another 145 

Wines,  spirits,  and  cigars  to  be  sealed,  &c 145 

Transportation  across  Isthmus  of  Panama 145 

Warehouse  and  transportation  entry  combined 146 

Transportation  route  to  be  described  in  entry 146 

If  goods  arrive  at  destination  before  certificate 147 

Bonded  goods  to  be  accompanied  with  manifests 147 

Entry  for  rewarehousing  at  port  of  destination 147 

Examination  at  second  port 147 

Actual  delivery  must  be  made  to  officer 148 

Goods  must  be  transported  within  time  limited 148 

But  entry  may  be  admitted  in  certain  cases 148 

Failure  to  deliver,  penalty  for 148 

Certificate  for  canceling  bonds 148 

Transportation  to  interior  ports 149 

Transportation  via  New  Orleans,  special 149 

Exportation  in  bond 149 

Exporter  must  make  oath  and  give  bond 149 

Exportation  must  be  made  under  superintendence  of  inspector 150 

Warehouse  and  export  entry  combined 151 

Export  bonds,  how  canceled 151 

Export  bonds,  how  extended 151 

Goods  may  be  examined  and  sampled  in  bond 152 

Packages  must  be  marked  before  warehousing 153 

Explosive  substances,  special  provisions  for 153 

Warehouse  bonds  are  bonds  for  duties 153 

Matured  bonds  to  be  put  to  suit 153 

Abatement  of  duties  on  bonded  goods  injured  or  destroyed 154 

Application  for  relief,  how  made 154 

Application  to  be  supported  by  proofs 154 

Proceedings  when  damaged  in  transit 151 

Goods  in  warehouse  over  three  years  to  be  sold 155 

Goods  must  be  removed  when  duties  are  paid 155 

Silk  cloths  may  be  printed  in  bond 155 

Yachts,  licenses  to 53 


COLLECTION   DISTRICTS 

IN  THE  UNITED  STATES,  WITH  THE 

PORTS  OF  ENTRY  AND  NAMES  OE  COLLECTORS. 


STATE   OF   MAINE. 

District  of  Passama.uoddg,   .  \  g^^^^S* 

District  ofMachias, j  ggd^*^ 

District  of  *WWs  ^  .  j  ^^f^,^^ 

District  of  Penotaot, 5  ^  °f  Elltr>r'  °g^e' 

}  Collector,  John  R.  Redman. 

District  of  Waldoboro', 5  £°J*  f  EnTtr?'  Waldoboro', 

I  Collector,  John  H.  Kennedy. 

District  of  Wiscasset, 5  ^  °/  E"try>  Wiscasset, 

I  Collector,  Thos.  Cunningham. 

District  of  Bath, J  £°J*  °f  **■*  Bath, 

^  Collector,  Joseph  Berry. 

Dist.  of  Portland  &  Falmouth,  5  J*"*  °f  E^7'  P^*«, 

I  Collector,  Moses  Macdonald. 

District  of  Saco 5  ^°1r1t  of  EnAtrv'  S*co> 

(  Collector,  A.  A.  Hanscom. 

District  of  Kennebunk,   ....  5  S0^  of  E^'  KennebunJc, 
}  Collector,  John  Cousens. 

District  of  York, 5  ^ort  of  Entry,  York, 

I  Collector,  Luther  Jenkins. 

District  of  Belfast, 5  ?%*  of  ^Vph  Belfast, 

J  \  Collector,  J.  G.  Dickerson. 

District  of  Bangor, \  E0J*  of  El^'  Bangor, 

*  \  Collector,  Dudley  F.  Leavitt. 

2  as) 


14        •••;    cqi^tOTi,oN;msTRicTS,  etc., 


STATE    OF  NEW   HAMPSHIRE. 

tv.  ..  .  ,     «  -us    .          ,,  $  Port  of  Entry,  Portsmouth, 

District  of  Portsmouth |  CoUector,  Augustus  Jenkins. 


STATE   OF  VERMONT. 

-rv  4.  -  a.    *  T7-          j.  S  Port  of  Entry,  Burlington. 

District  of  Vermont, ^  Collector,  Isaac  B.  Bowdish. 

STATE  OF  MASSACHUSETTS. 

tv  4.  •  *    *  *t    *  *  S  Port  of  Entry,  Newburyport, 

District  of  Newburyport,  .  .  .  ^  CoUector>  jAiES  BL00gf 

TV  .  .  ,     -,  ~7          .  S  Port  of  Entry,  Gloucester, 

District  of  Gloucester, J  Collector,  Gorham  Babson. 

District  of  Salem  &  Beverly,  .  |  CoUe^ WmuiTB.  Pike. 

t..  .  .  .     -,  ,,    - 7  ,      ,  S  Port  of  Entry,  Marblehead, 

District  of  Marblehead, J  Collector,  William  Bartoll. 

Dist.  of  M»  <fc  Charleston  j  gjf^  AiSimR  W  Austin. 

ta-  x  •  i.    p  T37          ii  $  P°rt  of  Entry,  Plymouth, 

District  of  Plymouth, J  Collector,  Wait  Wadsworth. 

«•  ii.^    #rrnr>j  S  P°rt  of  Entry,  .FaZZ  ifoW, 

District  of  Fall  River, J  Collector,  Phineas  W.  Leland. 

_.     -.  A  ^yj        .  ,  7  $  Port  of  Entry,  Barnstable, 

District  of  Barnstable, J  Collector,  S.  B.  Phinney. 

T,.      .        »  ,T      r>  j^    ^  S  Port  of  Entry,  JVew  Bedford, 

District  of  iVew  Bedford,  .  .  .  J  Collector)  c.  B.  H.  Fessenden. 

.     .       .  « *    _,  S  Port  of  Entry,  Edgartown, 

District  of  Edgartown,  .  .  .  .  ^  Collectorj  Constant  Norton. 

.     .        .  __     .     7   ,  S  Port  of  Entry,  Nantucket, 

District  of  Nantucket, J  Collector,  Eben  W.  Allen. 

STATE   OF  RHODE   ISLAND. 

„  .  C  Port  of  Entry,  Providence, 

District  of  Providence,   .  .  .  .  ^  Collector,  James  A.  Aborn. 


IN   THE  UNITED   STATES. 


15 


_.     .  ±    n  -n  .  .  7  c  tit  S  Port  of  Entry,  Bristol, 

District  of  Bristol  &  Warren,    ^  Collector,  George  H.  Reynolds. 


District  of  Newport, 


$  Port  of  Entry,  Newport, 
I  Collector,  Gilbert  Chase. 


STATE  OF  CONNECTICUT. 


District  of  Middletown,  . 
District  of  New  London, 
District  of  New  Haven, . 
District  of  Fairfield,  .  . 
District  of  Stonington,  . 


J  Port  of  Entry,  Middletown, 
I  Collector,  Patrick  Fagan. 

$  Port  of  Entry,  New  London, 
I  Collector,  John  P.  C.  Mather. 

(  Port  of  Entry,  New  Haven, 
I  Collector,  Minot  A.  Osborn. 

$  Port  of  Entry,  BridgepoH, 
I  Collector,  W.  S.  Pomroy. 

(  Port  of  Entry,  Stonington, 
}  Collector,  B.  F.  States. 


STATE   OF  NEW  YORK. 

t^-  j.  •  .    e  a    7  *»    rr    *,        S  Port  of  Entry,  SacJcett's  Harbor, 
District  of  Socket?*  Harbor,  .  J  CollectOTf  wk.  Howland. 

^ .  ±  .  *    „  „  S  Fort  of  Entry,  Bochester, 

District  of  Genesee, J  Collector,  Pliny  M.  Bromley. 

_ .  5  Port  of  Entry,  Oswego, 

District  of  OsttKgro, ^  Collector,  Orville  Robinson. 

-i.             ,  -T.  S  Fort  of  Entry,  Lewiston, 

District  of  Niagara, ^  Collector,  George  P.  Eddy. 

t^  »  •  .    *  75  vr  7    /t     7  S  Fort  of  Entry,  Buffalo, 

District  of  .BwjfaZo  Cm*, .  .  .  j  Collector,  Warren  Bryant. 

i»^jjj?'#'/i          4  7  •  S  Fort  of  Entry,  Ogdensburgh, 

District  of  Oswegatclne, J  Collector,  Horace  Moody. 

t^  *  •  4.    p  a       rr    7  S  Fort  of  Entry,  £a#  Harbor, 

District  of  ^  ^ar&or, J  Collector,  Jason  M.  Terbell. 

^-  ■      /».!     /-*•,<      ^  *r      -ir    7    S  Port  of  Entry,  iVew  Forfc, 
Dist.  of  the  City  o/JVw  For&,  J  Collector>  Al£U8TUS  Schell. 

tv  *  •  4    *  rm        7   •  S  Fort  of  Entry,  Blattsburgh, 

District  of  Champlam, J  Collector,  Henry  B.  Sm?th. 

■n-  ..  •  *    p  /y        »=        *  S  Fort  of  Entry,  Cape  Vincent, 

District  of  Cape  Vincent, ...  J  Collector,  T.  Peugnet. 


16  COLLECTION  DISTRICTS,   ETC., 

-rw  i.  •  *.    e  n     7  •  7  S  P°rt  °f  Entry,  Dunkirk, 

Distnct  of  Dunkirk, |  CoUector,  Oscar  F.  Dickinson. 

STATE   OF  NEW  JERSEY. 

ijL^.  .    m  »_.* "  a^x  S  Port  °f  Entry,  Perth  Amboy, 

Distnct  of  Perth  Amboy,  .  .  .  J  Collector>  Am'os  Robins> 

...  A  .,«„.,     .  S  Port  of  Entry,  Bridgetown, 

District  of  Bridgetown, J  CoUector,  William  S.  Bowen. 

xx-  x  •  ^    *  r>     7-     j  S  Port  °f  Entry,  Lamberton, 

District  of  Burlington, J  Collector,  Henry  J.  AsHMORE. 

District  of  Great  Egg  Harbor,  |  cSb^>r,  *&AgrSf^^E. 

xx-  ^  •  *.    *  r  v«7    tjt      rr    t,      S  Port  of  Entry,  Tuckerton, 
District  of  £itf fo  %</  JZorftor,  J  Collector>  Is/AC  S.  Jennings. 

tv  x  •  i.    *  at        7  S  Port  of  Entry,  Newark, 

District  of  tfetcar*, J  Collector,  Edward  T.  Hillyer. 

STATE   OF  PENNSYLVANIA. 

t\-  i.  •  a.    j>  -m  -7  j  7  z.  •  S  Port  of  Entry,  Philadelphia, 

District  of  Philadelphia,  .  .  .  |  Collector>  tos'epii  B>  B^KE^ 

T..  ,  .  ,     „  D  7  7  $  Port  of  Entry,  Erie, 

District  of  Presque  Isle,   .  .  .  j  Collector>  Jo£N  Brawley. 

*  Port  of  Pittsburg,1 Surveyor,  James  A.  Gibson. 


1  By  an  act  passed  Feb.  13,  1807,  all  the  shores  and  waters  of  the  River 
Ohio,  and  of  the  several  rivers  and  creeks  emptying  into  the  same,  and 
also  all  the  shores  and  waters  of  the  rivers  which  empty  into  the  lliver 
Mississippi,  or  any  of  its  branches,  were  annexed  to  and  made  part  of  the 
district  of  Mississippi.  By  an  Act  passed  March  2,  1831,  Pittsburg,  in 
Pennsylvania,  Cincinnati,  in  Ohio,  Louisville,  in  Kentucky,  St.  Louis,  in 
Missouri,  Nashville,  in  Tennessee,  and  Natchez,  in  Mississippi,  were  con- 
stituted ports  of  importation  for  foreign  merchandise  under  special  regu- 
lations, and  the  President  was  authorized  to  appoint  surveyors  to  reside 
thereat.  By  subsequent  legislation,  the  provisions  of  this  Act  have  been 
extended  to  Columbus,  in  Kentucky ;  Shreveport,  in  Louisiana ;  Memphis, 
Chatanooga,  and  Knoxville,  in  Tennessee;  Paducah  and  Hickman,  in 
Kentucky ;  Hannibal,  in  Missouri ;  Cairo,  Alton,  Quincy,  Peoria,  and  Ga- 
lena, in  Illinois ;  Evansville,  Jeffersonville,  and  New  Albany,  in  Indiana ; 
Burlington,  Dubuque,  and  Keokuk,  in  Iowa;  Palatka  and  Bayport,  in 
Florida  ;  and  Selma  and  Tuscumbia,  in  Alabama.  The  act  referred  to,  and 
the  regulations  under  it,  will  be  found  in  the  chapter  relating  to  the  Entry 
of  Merchandise  Inward.  The  ports  entitled  to  the  privileges  of  this  act 
are  designated  in  the  table  thus,  *. 


IN  THE  UNITED   STATES. 


IT 


STATE   OF  DELAWARE. 

_  S  Port  of  Entry,  Wilmington, 

District  of  Delaware, £  Collector,  Jesse  Sharpe. 

STATE  OF  MARYLAND. 

<  Port  of  Entry,  Baltimore, 
District  of  Baltimore, J  Collector,  John  T.  Mason. 

_    .           7 .  $  Port  of  Entry,  Annapolis, 

District  of  Annapolis, J  Collector,  J.  T.  Hammond. 

_.     .  L    t  n  A    ,  5  Port  of  Entry,  Oxford, 

District  of  Oxford, J  Collector,  Tench  Tilghman. 

~   '/._*.    *  m  S  Port  of  Entry,  Vienna, 

District  of  Fienna, J  Collector,  William  S.  Jackson. 


DISTRICT   OF    COLUMBIA. 


District  of  Georgetown, . 


<  Port  of  Entry,  Georgetown, 

I  Collector,  Henry  C.  Matthews. 


STATE   OF  VIRGINIA. 


District  of  Bichmond,  .... 

Dist.  of  Norfolk  &  Portsmouth 

District  of  Tappahannoch, 

District  of  Cherrystone,  .  . 

District  of  Yorktown,  .  .  . 

District  of  Petersburg,    .  . 

District  of  Alexandria,   .  . 
*  Port  of  Wlieeling,  .... 


5  Port  of  Entry,  Bichmond, 
I  Collector,  W.  M.  Harrison. 

5  Port  of  Entry,  Norfolk, 

I  Collector,  Jesse  J.  Simkins. 

5  Port  of  Entry,  Tappahannock, 
}  Collector,  Geo.  T.  Wright. 

^  Port  of  Entry,  Eastville, 
I  Collector,  John  S.  Parker. 

5  Port  of  Entry,  Yorktown, 

\  Collector,  Wm.  H.  Curtis,  Jr. 

<  Port  of  Entry,  Petersburg, 
I  Collector,  Timothy  Rives. 

$  Port  of  Entry,  Alexandria, 
'  I  Collector,  Edward  S.  Hough. 

.     Surveyor,  A.  J.  Pannell. 


18 


STATE  OF  NORTH  CAROLINA. 

District  of  Camden, \  £ °J*  °/  Entry,  ^tea&eft  City, 

I  Collector,  L.  D.  Starke. 

District  of  Edenton, \  **>£  f  ^vXry  Edenton, 

I  Collector,  E.  Wright. 

District  of  Plynoutn, jS±$5£&£k 

District  of  ^%to) . .  .'4o*SKk7*.,hSSS5? 

District  of  ^6^ i^cl?w£Gtl™iEX0N. 

District  of  Ocrt J?01c1E^^TdbW. 

District  of  ^ iS±ffl&?B^&» 

i«  i«  i    *  «n    •  ^  S  Port  of  Entrv,  Wilmington, 

District  of  Wmm^cm, }  Collector,  James  T.  Miller. 


STATE   OF   SOUTH   CAROLINA. 

Wj,.    * -«     ,  j.  S  P°rt  of  Entry,  Charleston, 

Distnctof  Charleston, J  Collector,  William  F.  Colcock. 

xx-  j.  •  *    »  ^         j  S  Port  of  Entry,  Georgetown, 

District  of  Georgetown,  .  .  .  .  ^  Collector>  j0HN  N.  Merriman. 

tv  4.  •  i.    ^  75       ^^  $  P°rt  of  Entry,  Beaufort, 

District  of  Beaufort, J  Collector,  Benj.  R.  Bythewood. 

STATE  OF   GEORGIA. 

_,. v. '      »  «            ,  S  Port  of  Entry,  Savannah, 

District  of  Savannah, ^  Collector,  John  Boston. 

wuw.g;ir'.  5  Port  of  Entry,  £*.  Jfan/'s, 

District  of  St.  Mary  s, |  Collector,  J.  A.  BarattK 

tu-Ls^    L »           .7  S  Port  of  Entry,  Danerc, 

District  of  Brunswick, <  Collector,  Woodford  Mabry. 


IN   THE   UNITED   STATES.  19 


STATE   OF  ALABAMA. 

t-,.  .  .  .     „  ,,  ,  .,  S  P°rt  of  Entry,  Mobile, 

District  of  Mobile, J  Collector,  Tiiaddeus  Sanford. 

*  Port  of  Selma, Surveyor,  J.  Haralson. 

*  Port  of  Tuscumbia, Surveyor,  James  W.  Rhea. 

STATE    OF  MISSISSIPPI. 

tv  4  •  *    p  d      7  r>-  S  Port  of  Entry,  Shieldsboro', 

District  of  Pear?  $«* j  Collector,  Robert  Eager. 

tv  4.  •  ,.    i?  at  v  7      i  S  P°rt  0I>  Entry,  Natchez, 

District  of  JVafcfte*,i j  Collector,  John  Hunter. 

t^.  .  .  .     »  Tr.  ,  ,        9  S  P°rt  of  Entry,  Vicksburg, 

District  of  Ft<«mv7,2 J  Collector,  Wm.  D.  Roy. 

STATE   OF   FLORIDA. 

t^.  .  .  ,    j,  „           ,  S  Port  of  Entry,  Pensacola, 

District  of  Pensacola, J  Collector,  Joseph  Sierra. 

tu  ..  .    *  ox    a         v  S  Port  of  Entry,  St.  Augustine. 

District  of  St.  Augustine, .  .  .  j  CoUectorf  Patjl  a^ 

tv  *  •  *.    *>  t^     tj7,»  S  Port  of  Entry,  /fey  TFes£, 

District  of  JT«y  West, J  Collector,  J.  P.  Baldwin. 

District  of  tf/   MarVi  $  Port  °f  Entiy'  St  Mark's> 

District  ot  OS.  Marks, j  Collector,  Alonzo  B.  Noyes. 

*  Port  of  Bayport,3 Surveyor,  A.  J.  Decatur. 

tv  *  •  *  ~e  Q4    t  7   >„  S  Port  of  Entrv,  Jacksonville, 

District  of  St.  Johns, J  Collector,  Thomas  Ledwitii. 

1  By  an  act  passed  June  3D,  1834,  all  the  ports,  harbors,  shores,  and 
waters  of  the  Mississippi  River,  within  the  State  of  Mississippi,  were  con- 
stituted a  collection  district  by  the  name  of  the  Natchez  District,  and  a 
port  of  entry  established  at  Natchez.  Vessels  bound  to  the  port  of  Natchez 
from  any  foreign  port,  are  required,  under  a  penalty  of  five  hundred  dollars 
for  neglect,  to  stop  and  report  their  arrival  at  the  port  of  New  Orleans,  and 
receive  on  board  a  custom-house  officer,  who  shall  take  possession  of  all  the 
papers  relating  to  the  cargo  on  board,  and  deliver  the  same  to  the  Collector 
of  the  port  of  Natchez,  immediately  after  arrival  at  that  port. 

2  By  an  act  passed  July  7,  1838,  another  district  was  established  within 
the  State  of  Mississippi,  under  the  name  of  the  Vicksburg  District,  Vicksburg 
being  the  port  of  entry.  Vessels  bound  to  this  port  are  subject  to  all  the 
regulations  prescribed  in  respect  to  the  port  of  Natchez  by  the  act  of  1834. 

*  Attached  to  District  of  St.  Mark's. 


20  COLLECTION   DISTRICTS,   ETC., 

*  Port  of  Palatka,1 Surveyor,  Robert  R.  Reid. 

wv.  ,  ...    j>  A     7T.-7  S  Port  of  Entry,  Apalachicola, 

District  of  Apalachicola,  .  .  .  |  Collector,  R(/B'EI^  j.  Fl0YJJ. 

-r,.  ,  .  .     r.  T-           ,.  S  Port  of  Entry,  Femandina, 

District  of  iWrctftna, J  Collector,  Felix  Livingston. 

STATE   OF   LOUISIANA. 

Tk-  x  •  4.    c  Ti/r-    •    •     -  S  Port  of  Entry,  New  Orleans, 

District  of  Mississippi, |  Collector,  F.  H.  Hatch. 

r>.,',    fm   u  S  Port  of  Entry,  Franklin, 

District  of  Teche, |  Collector,  R.  N.  McMillan. 

STATE   OF   TEXAS. 

-r..  ,  .  ,     r,  m  S  Port  of  Entry,  Galveston, 

District  of  Texas, J  Collector,  Hamilton  Stewart. 

-p..  ,  .  ,     »  „  7     .  <  F°rt  of  Entry,  £a  £aZZe, 

District  of  Saluria, J  Collector,  Darwin  M.  Staph. 

*%._*.»  n  -rcrj-  ^  Port  of  Entry,  Pom£  Isabel, 

Dist.  of  Prazos  ^  San^o, .  ^  Collector,  K.  L.  Harlalson. 

District  of    Paso   deZ    Norte,  $  Port  of  Entry,  Las  Cruzces,  N.  M. 
Texas  and  New  Mexico,       \  Collector,  Samuel  J.  Jones. 

STATE   OF   OHIO. 

t,.,.,    ,,,.      .  S  Port  °f  Entry,  Toledo, 

District  of  Miami, J  Collector,  Dennis  Coghlin. 

.p..     .  .     „  a      ,    j  <  Port  of  Entry,  Sandusky, 

District  of  Sandusky, J  Collector,  Geo.  S.  Patterson. 

-rw  x  •  x    e  n       7  S  Port  of  Entry,  Cleveland, 

District  of  Cuyahoga, j  Collector,  Robert  Parks. 

*  Port  of  Cincinnati, Surveyor,  T.  J.  Sherlock. 

STATE   OF  MICHIGAN. 

tv  .  .  .     ,  n  ,     ..  $  Port  of  Entry,  Detroit, 

District  ot  xVefrot^, ^  Collector,  Michael  Shoemaker. 

_.     .  4    „  ,,.  7  .„.       7  .  (  Port  of  Entry,  Michillimackinac, 

District  of  Michillimackinac,  .  J  Collector,  Jacob  A.  T.  Wendell. 

J  Attached  to  District  of  St.  John's. 


IN  THE  UNITED  STATES.  21 

STATE   OF  ILLINOIS. 

District  of  Chicago, {  l^T^Z^n. 

*  Port  of  Galena, Surveyor,  Daniel  Wann. 

*  Port  of  Alton, Surveyor,  B.  L.  Dorsey. 

*  Port  of  Quincy, Surveyor,  Thomas  Bonneson. 

*  Port  of  Cairo, Surveyor,  L.  L.  Lightner. 

STATE   OF   WISCONSIN. 

rv-  .  •  ,     o  iir-j^^  7  •  S  Port  of  Entry,  Milivaukie, 

District  of  Milwaukee, J  Collector,  Moritz  Schoeffler. 

STATE   OF   KENTUCKY. 

*  Port  of  Louisville, Surveyor,  W.  N.  Halderman. 

*  Port  of  Paducali, Surveyor,  William  Nolen. 

*  Port  of  Columbus, Surveyor,  Wm.  J.  Walker. 

*  Port  of  Hickman, Surveyor,  Wm.  G.  Roulhac. 

STATE   OF   TENNESSEE. 

*  Port  of  Nashville, Surveyor,  Jesse  Thomas. 

*  Port  of  Memphis, Surveyor,  Henry  T.  Hurlburt. 

*  Port  of  Knoxville, Surveyor,  John  McMullen. 

*  Port  of  Chattanooga,  ....  Surveyor,  H.  F.  Cooper. 

STATE   OF  MISSOURI. 

*  Port  of  St.  Louis, Surveyor,  Wm.  A.  Linn. 

*  Port  of  Hannibal, Surveyor,  A.  W.  Lamb. 

STATE   OF   INDIANA. 

*  Port  of  EvansviUe, Surveyor,  Charles  Denby. 

*  Port  of  New  Albany,   ....     Surveyor,  John  B.  Norman. 

*  Port  of  Jeffersonville,  ....     Surveyor,  F.  R.  Lewis. 


22 


STATE  OF  IOWA. 

*  Port  of  Burlington, Surveyor,  Philip  Harvey. 

*  Port  of  Dubuque, Surveyor,  Edward  Spottswood. 

*  Port  of  Keokuk, Surveyor,  Wm.  Stotts. 


District 
District 
District 
District 
District 
District 
District 


STATE 

of  Sacramento,  . 
of  Monterey,  .  . 
of  Sonora,  .  .  . 
of  San  Joaquin, 
of  San  Diego,  . 
of  San  Pedro,  . 
of  San  Francisco, 


OF   CALIFORNIA. 

J  Port  of  Entry,  Sacramento  City, 
)  Collector,  Thos.  W.  Sutherland. 


J  Port  of  Entry,  Monterey, 
(  Collector,  James  A.  Watson. 


(  Port  of  Entry,  Benicia, 
'  I  Collector,  Timothy  B.  Storer. 

<  Port  of  Entry,  Stockton, 

'  l  Collector,  Andrew  Lester. 

J  Port  of  Entry,  San  Diego, 
'  i  Collector,  Jose  M.  Covarrubias. 

$  Port  of  Entry,  Bern  Pedro, 
'  I  Collector,  John  G.  Downey. 

<  Port  of  Entry,  San  Francisco, 
'  l  Collector,  B.  F.  Washington. 


STATE   OF   MINNESOTA. 


t..  .  .  ,     o  T>r.          .  S  P°rt  °f  Entry,  Pembina, 

District  of  Minnesota, }  Collector,  James  McFetridge. 


OREGON  TERRITORY. 
District  of  Oregon, 

District  of  Port  Orford,  .  . 

-r.-  *  •  s.    v  n        r>       4  S  Port  of  Entry,  Oar  diner, 

District  of  Cape  Perpetua,   .  .  J  Collectorj  Barclay  J.  Burns. 


Port  of  Entry,  Astoria, 
Collector,  John  Adair. 

Port  of  Entry,  Port  Orford, 
Collector,  Robert  W-  Dunbar. 


WASHINGTON  TERRITORY. 


District  of  Pugefs  Sound, 


5  Port  of  Entry,  Port  Townsend, 
)  Collector,  Morris  H.  Frost. 


\ 


STEAMBOAT  INSPECTORS, 


UNDER  ACT  OF  AUGUST  30,  1852. 


SUPERVISING  INSPECTORS. 


No.  of  District. 
First  District, 
Second  District, 
Third  District, 
Fourth  District, 
Fifth  District, 
Sixth  District, 
Seventh  District, 
Eighth  District, 
Ninth  District, 


Names  of  Inspectors. 

William  Burnett, 
Charles  W.  Copeland 
John  S.  Brown, 
O.  A.  Pitfield, 
Charles  Ross, 
John  Shallcross, 
Benjamin  Crawford, 
Isaac  Lewis, 
Augustus  Walker, 


Where  located. 

Boston,  Mass. 
New  York,  N.  Y. 
Baltimore,  Md. 
New  Orleans,  La. 
Cincinnati,  O. 
Louisville,  Ky. 
Pittsburg,  Pa. 
Monroe,  Mich. 
Buffalo,  N.  Y. 


LOCAL   INSPECTORS   OF   HULLS. 


First  District, 
<<  <( 

u  a 

Second  District, 
a  a 

Third  District. 
u  u 

a  a 

u  it 

Fourth  District, 

tt  it 

ii  it 

ti  tl 

Fifth  District, 


Joseph  W.  Dyer, 
Andrew  Burnham, 
Calvin  Lester, 
John  M.  Weeks, 
Samuel  Vaughan, 
John  T.  Farlow, 
William  H.  Hunter, 
Edward  Chandler, 
Luke  Christie, 
John  O.  McLean, 
Henry  F.  Toulmtn, 
Hezekiah  Wilson, 
John  C.  Hoyt, 
Henry  Singleton, 


Portland,  Me. 
Boston,  Mass. 
New  London,  Ct. 
New  York,  N.  Y. 
Philadelphia,  Pa. 
Baltimore,  Md. 
Norfolk,  Va. 
Charleston,  S.  C. 
Savannah,  Ga. 
New  Orleans,  La. 
Mobile,  Ala. 
Galveston,  Tex. 
San  Francisco,  Cal. 
St.  Louis,  Mo. 
(23) 


24 


INSPECTORS   OF   STEAMBOATS. 


No.  of  District. 

Sixth  District, 
a  u 

Seventh  District, 


Eighth  District, 
a  tt 

Ninth  District, 


Names  of  Inspectors. 

Joseph  Swager, 
Henry  H.  Harrison, 
Redman  J.  Grace, 
Thomas  J.  Garden, 
Thomas  J.  Halderman, 
Redmond  Prenderille, 
George  W.  Strong, 
Charles  Reeves, 
Benjamin  A.  Stannard, 
John  E.  Lee, 
Levater  S.  White, 


Where  located. 
Louisville,  Ky. 
Nashville,  Tenn. 
Pittsburg,  Pa. 
"Wheeling,  Va. 
Cincinnati,  O. 
Chicago,  111. 
Detroit,  Mich. 
Buffalo,  N.  Y. 
Cleveland,  O. 
Oswego,  N.  Y. 
Burlington,  Vt. 


LOCAL   INSPECTORS   OF   BOILERS. 


First  District, 

(I  ii 

U  a 

Second  District. 

a  a 

Third  District, 


a  a 

Fourth  District, 
u  u 

ii  ii 

Fifth  District, 
Sixth  District, 

Seventh  District, 

a  a 

a  a 

Eighth  District, 
a  a 

Ninth  District, 
«  <( 


John  Sparrow, 
Increase  S.  Hill, 
Charles  M.  Daboll, 
H.  B.  Remmick, 
Thomas  Murphy, 
James  Curran, 
Ganet  B.  Davis, 
E.  H.  Hewes, 
William  Hine, 
John  Marsh, 
James  B.  Ollis, 
Charles  Gilmore, 
James  H.  McCord, 
Reuben  Dawson, 
John  Wilson, 
Thomas  Snowden, 
A.  M.  Philips, 
James  P.  Guthrie, 
Thomas  C.  James, 
William  F.  Chittenden, 
Thomas  Trueman, 
T.  R.  Deforest, 
W.  T.  Barnes, 
Elijah  Root, 


Portland,  Me. 
Boston,  Mass. 
New  London,  Ct. 
New  York,  N.  Y. 
Philadelphia,  Pa. 
Baltimore,  Md. 
Norfolk,  Va. 
Charleston,  S.  C. 
Savannah,  Ga. 
New  Orleans,  La. 
Mobile,  Ala. 
San  Francisco,  Cal 
St.  Louis,  Mo. 
Louisville,  Ky. 
Nashville,  Tenn. 
Pittsburg,  Pa. 
Wheeling,  Va. 
Cincinnati,  O. 
Chicago,  111. 
Detroit,  Mich. 
Buffalo,  N.  Y. 
Cleveland,  O. 
Oswego,  N.  Y. 
Burlington,  Vt. 


EEGISTEY  OF  SHIPS  AND  VESSELS. 


Act  op  December  81,  1792. 

§  1.  What  vessels  shall  be  deemed  vessels  of  the  United 
States.  —  Ships  or  vessels  which  shall  have  been  registered,  and 
those  which  shall  be  registered  pursuant  to  this  act,  and  no 
other,  (except  such  as  shall  be  duly  qualified,  according  to  law, 
for  carrying  on  the  coasting  trade  and  fisheries,1  or  one  of 
them,)  shall  be  denominated  and  deemed  ships  or  vessels  of 
the  United  States,  entitled  to  the  benefits  and  privileges  apper- 
taining to  such  ships  or  vessels :  Provided,  That  they  shall 
not  continue  to  enjoy  the  same  longer  than  they  shall  continue 
to  be  wholly  owned,  and  to  be  commanded  by,  a  citizen  or 
citizens  of  the  said  States. 

§  2.  What  vessels  are  entitled  to  be  registered.  —  Ships  or 
vessels  built  within  the  United  States,  and  belonging  wholly 
to  a  citizen  or  citizens  thereof,  and  ships  or  vessels  which  may 
hereafter  be  captured  in  war,  by  such  citizen  or  citizens,  and 
lawfully  condemned  as  prize,  or  which  have  been,  or  may  be, 
adjudged  to  be  forfeited  for  a  breach  of  the  laws  of  the  United 
States,  being  whglly  owned  by  a  citizen  or  citizens  thereof, 
and  no  other,2  may  be  registered  as  hereinafter  directed :  Pro- 
vided, That  no  such  ship  or  vessel  shall  be  entitled  to  be  so 
registered,  or,  if  registered,  to  the  benefits  thereof,  if  owned  in 


1  This  exception  has  reference  to  the  cod  and  mackerel  fisheries  — regis- 
ters now  being  lawful  papers  for  vessels  'engaged  in  the  whale  fishery. 

Act  of  April  4,  1840. 
§  1.  Be  it  enacted,  §c,  That  all  vessels  which  have  cleared,  or  hereafter 
may  clear,  with  registers  for  the  purpose  of  engaging  in  the  whale  fishery, 
shall  be  deemed  to  have  lawful  and  sufficient  papers  for  such  voyages,  se- 
curing the  privileges  and  rights  of  registered  vessels,  and  the  privileges  and 
exemptions  of  vessels  enrolled  and  licensed  for  the  fisheries  ;  and  all  vessels 
which  have  been  enrolled  and  licensed  for  like  voyages,  shall  have  the  same 
privileges  and  measure  of  protection  as  if  they  had  sailed  with  registers,  if 
such  voyages  are  completed,  or  until  they  are  completed. 

2  Vessels  built  in  the  United  States,  owned  wholly  or  in  part  by  citizens 
or  subjects  of  a  foreign  state,  duly  recorded,  (vide  §  20,)  on  being  purchased 
and  wholly  owned  by  a  citizen  or  citizens  of  the  United  States,  are  also  en- 
titled to  be  registered.  Gen,  Reg,  Art.  1.  —  So  also  are  vessels  built  in  a  foreign 

3  (25) 


26  REGISTRY  OF  SHIPS   AND  VESSELS 

whole  or  in  part  by  any  citizen  of  the  United  States,  who 
usually  resides  in  a  foreign  country,  during  the  continuance 
of  such  residence,  unless  such  citizen  be  in  the  capacity  of  a 
consul  of  the  United  States,  or  an  agent  for,  and  a  partner  in, 
some  house  of  trade  or  copartnership,  consisting  of  citizens  of 
the  said  States,  actually  carrying  on  trade  within  the  said 
States.1 

country,  and  wrecked  within  the  waters  of  the  United  States,  and  purchased 
and  repaired  by  a  citizen  or  citizens  thereof —  provided  the  cost  of  repairs 
be  equal  to  three  fourths  of  the  cost  of  the  vessel  when  repaired. 

Act  of  December  23,  1852. 
§  1.  Be  it  enacted,  §c,  That  the  Secretary  of  the  Treasury  be,  and  he 
hereby  is,  authorized  to  issue  a  register  or  enrollment  for  any  vessel  built  in 
a  foreign  country,  whenever  such  vessel  may  have  been,  or  shall  hereafter 
be,  wrecked  in  the  United  States,  and  have  been,  or  shall  hereafter  be,  pur- 
chased and  repaired  by  a  citizen  or  citizens  thereof :  Provided,  That  it  shall 
be  proved  to  the  satisfaction  of  the  Secretary  of  the  Treasury  that  the  re- 
pairs put  upon  such  vessel  shall  be  equal  to  three  fourths  of  the  cost  of  said 
vessel  when  so  repaired. 

In  case  of  application  for  the  registry  of  a  vessel  of  foreign  build,  wrecked 
in  the  waters  of  the  United  States,  and  purchased  and  repaired  by  a  citizen 
or  citizens  thereof,  the  applicant  will  be  required  to  furnish  to  the  collector 
of  the  port  to  which  the  vessel  belongs,  proof  of  the  wreck  within  the  waters 
of  the  United  States,  of  his  or  their  title  thereto  by  purchase,  of  the  citizen- 
ship of  the  owner  or  owners,  of  the  amount  of  purchase  money  paid  therefor, 
and  a  detailed  statement  of  the  items  of  expenditure  for  repairs,  accompanied 
by  the  bills  receipted,  which  are  to  be  compared  with  the  statement  by  the 
collector,  and  his  opinion  on  the  case  officially  certified  on  the  statement, 
which  will  be  laid  by  the  collector,  with  the  other  papers  in  the  case,  before 
the  Secretary  of  the  Treasury,  who,  if  he  shall  find  the  same  satisfactory, 
and  that  the  repairs  have  amounted  to  three  fourths  of  the  entire  cost  of  the 
vessel,  will  return  the  papers  to  the  collector,  with  his  special  authority  to 
register  the  vessel  and  issue  a  certificate  thereof,  furnishing  the  applicant 
with  a  duly  authenticated  copy  of  such  authority.  On  the  presentation  of 
such  authenticated  copy  to  the  collector,  with  the  certificate  of  admeasure- 
ment, the  oath  or  affirmation,  and  bond,  the  collector  will  register  the  ves- 
sel, and  issue  a  permanent  certificate  of  registry. 

Some  doubt  having  been  expressed  as  to  the  meaning  of  the  provision 
requiring  the  cost  of  repairs  to  equal  three  fourths  of  the  cost  of  the  vessel 
when  repaired,  it  will  be  borne  in  mind,  that  it  is  not  the  absolute  or  market- 
able value  of  the  vessel,  but  the  cost  to  her  purchasers  and  repairers,  to 
which  the  provision  is  held  by  the  Department  to  refer.  For  instance,  if 
the  purchase  money  of  the  vessel  amount  to  $500,  the  amount  expended  in 
repairs  must  equal  three  times  that  amount,  or  $1,500,  to  come  within  the 
relief  of  the  law,  the  aggregate  cost  being  $2,000,  and  three  fourths  of  it 
being  for  repairs.     Gen.  Reg.  Art.  16. 

1  No  ship  or  vessel  which  has  been,  or  shall  be,  registered  pursuant  to 
any  law  of  the  United  States,  and  which  hereafter  shall  be  seized,  or  cap- 
tured and  condemned,  under  the  authority  of  any  foreign  power,  or  that 
shall,  by  sale,  become  the  property  of  a  foreigner  or  foreigners,  shall,  after 
the  passing  of  this  act,  be  entitled  to,  or  capable  of,  receiving  a  new  register, 
notwithstanding  such  ship  or  vessel  should  afterwards  become  American 
property  ;  but  that  all  such  ships  and  vessels  shall  be  taken  and  considered, 
to  all  intents  and  purposes,  as  foreign  vessels :  Provided,  That  nothing  in 
this  act  contained  shall  extend  to,  or  be  construed  to  affect,  the  person  or 


REGISTRY   OF   SHIPS  AND   VESSELS.  27 

§  3.  Where  vessels  shall  be  registered.  —  Every  ship  or 
vessel  (except  as  is  hereinafter  provided)  shall  be  registered 
by  the  collector  of  the  district  in  which  shall  be  comprehended 
the  port  to  which  such  ship  or  vessel  shall  belong  at  the  time 
of  her  registry,  which  port  shall  be  deemed  to  be  that,  at  or 
nearest  to  which  the  owner,  if  there  be  but  one,  or,  if  more 
than  one,  the  husband,  or  acting  and  managing  owner  of  such 
ship  or  vessel,  usually  resides.  And  the  name  of  the  said  ship 
or  vessel,  and  of  the  port  to  which  she  shall  so  belong,  shall 
be  painted  on  her  stern,  on  a  black  ground,  in  white  letters, 
of  not  less  than  three  inches  in  length.  And  if  any  shij)  or 
vessel  of  the  United  States  shall  be  found  without  having  her 
name,  and  the  name  of  the  port  to  which  she  belongs,  painted 
in  manner  aforesaid,  the  owner  or  owners  shall  forfeit  fifty 
dollars  ;  one  half  to  the  person  giving  the  information  thereof, 
the  other  half  to  the  use  of  the  United  States. 

§  4.  Proceedings  preliminary  to  registry.  —  In  order  to  the 
registry  of  any  ship  or  vessel,  an  oath  or  affirmation  shall  be 
taken  and  subscribed  by  the  owner,  or  by  one  of  the  owners, 
thereof,  before  the  officer  authorized  to  make  such  registry, 
who  is  hereby  empowered  to  administer  the  same,  declaring, 
according  to  the  best  of  the  knowledge  and  belief  of  the  person 
so  swearing  or  affirming,  the  name  of  such  ship  or  vessel,  her 
burden,  the  place  where  she  was  built,  if  built  within  the 
United  States,  and  the  year  in  which  she  was  built ;  or  that 
she  was  captured  in  war  by  a  citizen  or  citizens  of  the  said 
States,  and  lawfully  condemned  as  prize,  (producing  a  copy  of 
the  sentence  of  condemnation,  authenticated  in  the  usual 
forms,)  or  that  she  has  been  adjudged  to  be  forfeited  for  a 
breach  of  the  laws  of  the  United  States,  (producing  a  like 

persons  owning  any  ship  or  vessel,  at  the  time  of  the  seizure  or  capture  of 
the  same,  or  shall  prevent  such  owner,  in  case  he  regain  a  property  in  such 
ship  or  vessel,  so  condemned,  by  purchase  or  otherwise,  from  claiming  and 
receiving  a  new  register  for  the  same,  as  he  might  or  could  have  done  if  this 
act  had  not  been  passed.    Act  June  27,  1797,  §  1. 

No  ship  or  vessel  shall  be  entitled  to  be  registered  as  a  ship  or  vessel  of 
the  United  States,  or,  if  registered,  to  the  benefits  thereof,  if  owned  in  whole 
or  in  part  by  any  person  naturalized  in  the  United  States,  and  residing  for 
more  than  one  year  in  the  country  from  which  he  originated,  or  for  more 
than  two  years  m  any  foreign  country,  unless  such  person  be  in  the  capacity 
of  a  consul,  or  other  public  agent  of  the  United  States:  Provided,  That 
nothing  herein  contained  shall  be  construed  to  prevent  the  registering  anew 
of  any  ship  or  vessel  before  registered,  in  case  of  a  bona  fide  sale  thereof  to 
any  citizen  or  citizens  resident  in  the  United  States :  And  provided  also, 
That  satisfactory  proof  of  the  citizenship  of  the  person  on  whose  account  a 
vessel  may  be  purchased,  shall  be  first  exhibited  to  the  collector,  before  a 
new  register  shall  be  granted  for  such  vessel.    Act  March  27,  1804,  §  1. 


28  BEGISTRY   OF   SHIPS  AND   VESSELS. 

copy  of  the  sentence  whereby  she  shall  have  been  so  ad- 
judged,) *  and  declaring  his  or  her  name,  and  place  of  abode, 
and,  if  he  or  she  be  the  sole  owner  of  me  said  ship  or  vessel, 
that  such  is  the  case ;  or,  if  there  be  another  owner  or  other 
owners,  that  there  is  or  are  such  other  owner  or  owners,  speci- 
fying his,  her,  or  their,  name  or  names,  and  place  or  places 
of  abode,2  and  that  he,  she,  or  they,  as  the  case  may  be,  so 
swearing  or  affirming,  is  or  are  citizens  of  the  United  States  ; 
and  where  an  owner  resides  in  a  foreign  country,  in  the  ca- 
pacity of  a  consul  of  the  United  States,  or  as  an  agent  for,  and 
a  partner  in,  a  house  or  copartnership  consisting  of  citizens  of 
the  United  States,  and  actually  carrying  on  trade  within  the 
United  States,  that  such  is  the  case,  and  that  there  is  no  sub- 
ject or  citizen  of  any  foreign  prince  or  state,  directly  or  in- 
directly, by  way  of  trust,  confidence,  or  otherwise,  interested 
in  such  ship  or  vessel,  or  in  the  profits  or  issues  thereof;  and 
that  the  master  or  commander  thereof  is  a  citizen,  naming 
the  said  master  or  commander,  and  stating  the  means  whereby, 
or  manner  in  which,  he  is  so  a  citizen.3  And  in  case  any  of 
the  matters  of  fact  in  the  said  oath  or  affirmation  alleged, 
which  shall  be  within  the  knowledge  of  the  party  so  swearing 
or  affirming,  shall  not  be  true,  there  shall  be  a  forfeiture  of 
the  ship  or  vessel,  together  with  her  tackle,  furniture,  and  ap- 
parel, in  respect  to  which  the  same  shall  have  been  made,  or 
of  the  value  thereof,  to  be  recovered,  with  costs  of  suit,  of  the 
person  by  whom  such  oath  or  affirmation  shall  have  been 
made :  Provided  always,  That  if  the  master,  or  person  having 
the  charge  or  command  of  such  ship  or  vessel,  shall  be  within 
the  district  aforesaid  when  application  shall  be  made  for 
registering  the  same,  he  shall  himself  make  oath  or  affirmation, 
instead  of  the  said  owner,  touching  his  being  a  citizen,  and 
the  means  whereby,  or  manner  in  which,  he  is  so  a  citizen ; 
in  which  case,  if  what  the  said  master,  or  person  having  the 


1  In  case  of  a  vessel  built  in  a  foreign  country,  and  wrecked  and  repaired 
in  the  United  States,  the  oath  will  be  made  to  read,  "  Was  wrecked  within 
the  waters  of  the  United  States,  purchased  and  repaired  by  a  citizen  (or 
citizens)  of.the  United  States,  according  to  law,  and  authorized  to  be  regis- 
tered by  the  Secretary  of  the  Treasury,  by  letter  under  date  of ,  an 

authenticated  copy  of  which  I  now  produce."     Gen.  Reg.  Art.  7- 

2  In  all  cases  where  there  is  more  than  one  owner,  the  parts  or  propor- 
tions of  the  vessel  belonging  to  each  owner  must  be  stated  in  the  oath.  — 
ActofJuly2$,  1850,  §5. 

3  That  is,  whether  native-born  or  naturalized.  If  the  former,  the  oath 
will  set  forth  that  he  was  born  within  the  limits  of  the  United  States  ;  if  the 

latter,  that  he  was  naturalized  in  the  State  of ,  on  the day  of , 

in  the  year ,  by  virtue  of  a  decree  of  the  Court  of .   Gen.  Reg.  Art.  7. 


REGISTRY  OF   SHIPS   AND   VESSELS.  29 

said  charge  or  command,  shall  so  swear  or  affirm  shall  not  be 
true,  the  forfeiture  aforesaid  shall  not  be  incurred,  but  he  shall 
himself  forfeit  and  pay,  by  reason  thereof,  the  sum  of  one 
thousand  dollars.1 

§  5.  Oath  of  each  owner  to  he  filed  within  ninety  days.  —  It 
shall  be  the  duty  of  every  owner,  resident  within  the  United 
States,  of  any  ship  or  vessel,  to  which  a  certificate  of  registry 
may  be  granted,  (in  case  there  be  more  than  one  such  owner,) 
to  transmit  to  the  collector,  who  may  have  granted  the  same, 
a  like  oath  or  affirmation  with  that  hereinbefore  directed  to  be 
taken  and  subscribed  by  the  owner,  on  whose  application  such 
certificate  shall  have  been  granted,  and  within  ninety  days 
after  the  same  may  have  been  so  granted;  which  oath  or 
affirmation  may,  at  the  option  of  the  party,  be  taken  and  sub- 
scribed, either  before  the  said  collector,  or  before  the  collector 
of  some  other  district,  or  a  judge  of  the  Supreme,  or  a  District, 
Court  of  the  United  States,  or  of  a  superior  court  of  original 
jurisdiction  of  some  one  of  the  states.  And  if  such  oath  or 
affirmation  shall  not  be  taken,  subscribed,  and  transmitted,  as 
is  herein  required,  the  certificate  of  registry,  granted  to  such 
ship  or  vessel,  shall  be  forfeit  and  void. 

§  6.  Vessel  to  be  surveyed  before  registry.  —  Before  any 
ship  or  vessel  shall  be  registered,  she  shall  be  measured 2  by 

1  Steamboats  or  vessels,  owned  by  an  incorporated  company,  may  be 
registered  or  enrolled  in  tbe  name  of  the  president  or  secretary  of  such  com- 
pany, and  the  registry  or  enrollment  so  made  is  not  affected  by  a  sale  of  any 
share  or  shares  of  any  stockholder  in  such  company;  but  on  the  death, 
removal,  or  resignation  of  the  president  or  secretary,  a  new  register  or 
enrollment  and  license,  as  the  case  may  be,  must  be  taken  out.  Act  March 
3,  182f5,  §  1-3.  By  the  Act  of  March  3,  1831,  the  provisions  of  this  act  are 
extended  to  vessels  employed  in  the  whale  fishery,  owned  by  an  incorporated 
company.     See  note,  §  23. 

2  The  mode  and  manner  of  admeasurement,  and  the  rule  for  the 
ascertainment  of  the  tunnage  of  ships  and  vessels,  are  prescribed  by  law  as 
follows  :  — 

That  to  ascertain  the  tunnage  of  any  ship  or  vessel,  the  surveyor,  or  such 
other  person  as  shall  be  appointed  by  the  collector  of  the  district  to  measure 
the  same,  shall,  if  the  said  ship  or  vessel  be  double  decked,  take  the  length 
thereof,  from  the  fore  part  of  the  main  stem  to  the  after  part  of  the  stern 
post,  above  the  upper  deck,  the  breadth  thereof,  at  the  broadest  part  above 
the  main  wales,  half  of  which  breadth  shall  be  accounted  the  depth  of  such 
vessel,  and  shall  then  deduct  from  the  length  three  fifths  of  the  breadth, 
multiply  the  remainder  by  the  breadth,  and  the  product  by  the  depth,  and 
shall  divide  this  last  product  by  ninety-five,  the  quotient  whereof  shall  be 
deemed  the  true  contents  or  tunnage  of  such  ship  or  vessel.  And  if  such 
ship  or  vessel  be  single  decked,  the  said  surveyor,  or  other  person,  shall  take 
the  length  and  breadth,  as  above  directed  in  respect  to  a  double  decked 
ship  or  vessel,  shall  deduct  from  the  said  length  three  fifths  of  the  breadth, 
and,  taking  the  depth  from  the  under  side  of  the  deck  plank  to  the  ceiling 
in  the  hold,  shall  multiply  and  divide  as  aforesaid,  and  the  quotient  shall  be 
deemed  the  tunnage  of  such  ship  or  vessel.  Act  of  March  2,  1799,  6  64. 
3* 


30  REGISTRY   OP   SHIPS   AND   VESSELS. 

a  surveyor,  if  there  be  one,  or  by  the  person  he  shall  appoint, 
at  the  port  or  place  where  the  said  ship  or  vessel  may  be,  and 
if  there  be  none,  by  such  person  as  the  collector  of  the  district, 
within  which  she  may  be,  shall  appoint.  And  the  officer,  or  * 
person,  by  whom  such  admeasurement  shall  be  made,  shall, 
for  the  information  of,  and  as  a  voucher  to,  the  officer  by  whom 
the  registry  is  to  be  made,  grant  a  certificate,1  specifying  the 
build  of  such  ship  or  vessel,  her  number  of  decks  and  masts, 
her  length,  breadth,  depth,  the  number  of  tuns  she  measures, 
and  such  other  particulars  as  are  usually  descriptive  of  the 
identity  of  a  ship  or  vessel ;  and  that  her  name,  and  the  place 
to  which  she  belongs,  are  painted  on  her  stern,  in  manner 
required  by  the  third  section  of  this  act;  which  certificate 
shall  be  countersigned  by  an  owner,  or  by  the  master  of  such 
ship  or  vessel,  or  by  some  other  person  who  shall  attend  her 
admeasurement  on  behalf  of  her  owner  or  owners,  in  testi- 
mony of  the  truth  of  the  particulars  therein  contained ;  without 
which  the  said  certificate  shall  not  be  valid.  But,  in  all  cases 
where  a  ship  or  vessel  has  before  been  registered  as  a  ship 
or  vessel  of  the  United  States,  it  shall  not  be  necessary  to 
measure  her  anew,  for  the  purpose  of  obtaining  another  regis- 
ter ;  except  such  ship  or  vessel  shall  have  undergone  some 
alteration,  as  to  her  burden,  subsequent  to  the  time  of  her 
former  registry. 

§  7.  Owner  and  master  to  give  bond.  —  Previous  to  the 
registry  of  any  ship  or  vessel,  the  husband,  or  acting  and 
managing  owner,  together  with  the  master  thereof,  and  one  or 
more  sureties,  to  the  satisfaction  of  the  collector  of  the  district 
whose  duty  it  is  to  make  such  registry,  shall  become  bound  to 
the  United  States,  if  such  ship  or  vessel  shall  be  of  burden 
not  exceeding  fifty  tuns,  in  the  sum  of  four  hundred  dollars ; 
if  of  burden  above  fifty  tuns,  and  not  exceeding  one  hundred, 


Surveyor's  Certificate  of  Admeasurement. 


District  of 


3*    \ 


Port  of 

I, ,  surveyor  of  the  port  of ,  (or,  there  being  no  surveyor,) 

being  hereunto  appointed  by ,  collector  of  the  customs  for  the 

district  of ,  do  certify,  that  I  have  surveyed  and  admeasured  a  (ship  or 

vessel)  having  the  name  of ,  of ,  painted  on  her  stern,  according 

to  law,  and  find  that  said  vessel  is built,  has decks, masts, 

stern,  with tuck,  has gallery,  and head ;  that  she  is  in 

length ,  in  breadth ,  and  in  depth ,  and  that  she  measures 

tuns  and ninety-fifth  parts  of  a  tun .    As  witness  my  hand. 

,  Surveyor. 

Countersigned  in  testimony  of  the  truth  of 
the  particulars  above  mentioned  by .     Gen.  Reg.  Art.  5. 


REGISTRY  OF  SHIPS  AND  VESSELS.  31 

in  the  sura  of  eight  hundred  dollars ;  if  of  burden  above  one 
hundred  tuns,  and  not  exceeding  two  hundred,  in  the  sum  of 
twelve  hundred,  dollars ;  if  of  burden  above  two  hundred 
tuns,  and  not  exceeding  three  hundred,  in  the  sum  of  sixteen 
hundred  dollars  ;  and  if  of  burden  exceeding  three  hundred 
tuns,  in  the  sum  of  two  thousand  dollars  ;  with  condition,  in 
each  case,  that  the  certificate  of  such  registry  shall  be  solely 
used  for  the  ship  or  vessel  for  which  it  is  granted,  and  shall 
not  be  sold,  lent,  or  otherwise  disposed  of,  to  any  person  or 
persons  whomsoever ;  and  that,  in  case  such  ship  or  vessel 
shall  be  lost,  or  taken  by  an  enemy,  burned,  or  broken  up,  or 
shall  be  otherwise  prevented  from  returning  to  the  port  to 
which  she  may  belong,  the  said  certificate,  if  preserved,  shall 
be  delivered  up,  within  eight  days  after  the  arrival  of  the 
master,  or  person  having  the  charge  or  command  of  such  ship 
or  vessel,  within  any  district  of  the  United  States,  to  the  col- 
lector of  such  district ;  and  that,  if  any  foreigner,  or  any  per- 
son or  persons  for  the  use  and  benefit  of  such  foreigner,  shall 
purchase,  or  otherwise  become  entitled  to,  the  whole,  or  any 
part  or  share  of,  or  interest  in,  such  ship  or  vessel,  the  same 
being  within  a  district  of  the  United  States,  the  said  certificate 
shall,  in  such  case,  within  seven  days  after  such  purchase, 
change,  or  transfer  of  property,  be  delivered  up  to  the  collector 
of  the  said  district ;  and  that  if  any  such  purchase,  change,  or 
transfer  of  property,  shall  happen  when  such  ship  or  vessel 
shall  be  at  any  foreign  port  or  place,  or  at  sea,  then  the  said 
master,  or  person  having  the  charge  or  command  thereof, 
shall,  within  eight  days  after  his  arrival  within  any  district  of 
the  United  States,  deliver  up  the  said  certificate  to  the  collector 
of  such  district ;  and  every  such  certificate,  so  delivered  up, 
shall  be  forthwith  transmitted  to  the  register  of  the  treasury, 
to  be  cancelled,  who,  if  the  same  shall  have  been  delivered  up 
to  a  collector  other  than  of  the  district  in  which  it  was 
granted,  shall  cause  notice  of  such  delivery  to  be  given  to  the 
collector  of  the  said  district. 

§  8.  Carpenter's  certificate  to  he  produced  in  case  of  new 
vessel.  —  In  order  to  the  registry  of  any  ship  or  vessel  which 
shall  be  built  within  the  United  States,  it  shall  be  necessary 
to  produce  a  certificate,1  under  the  hand  of  the  principal  or 

1  Master  Carpenter's  Certificate. 

District  of 

(Place  and  date.) 

I, ,  principal  (or  master)  carpenter  of  (place)  do  certify,  that  the 

(ship)  named  the  (name)  was  built  by  me,  (or  under  my  direction,)  at  (place 


32  REGISTRY   OP  SHIPS   AND   VESSELS. 

master  carpenter,  by  whom,  or  under  whose  direction,  the  said 
ship  or  vessel  shall  have  been  built,  testifying  that  she  was 
built  by  him,  or  under  his  direction,  and  specifying  the  place 
where,  the  time  when,  and  the  person  or  persons  for  whom, 
and  describing  her  build,  number  of  decks  and  masts,  length, 
breadth,  depth,  tunnage,  and  such  other  circumstances  as  are 
usually  descriptive  of  the  identity  of  a  ship  or  vessel;  which 
certificate  shall  be  sufficient  to  authorize  the  removal  of  a  new 
vessel  from  the  district  where  she  may  be  built,  to  another 
district  in  the  same,  or  an  adjoining  state,  where  the  owner 
or  owners  actually  reside,  provided  it  be  with  ballast  only. 

§  9.  Form  of  certificate  of  registry.  —  The  several  mat- 
ters hereinbefore  required,  having  been  complied  with,  in 
order  to  the  registering  of  any  ship  or  vessel,  the  collector  of 
the  district  comprehending  the  port  to  which  she  shall  belong, 
shall  make,  and  keep,  in  some  proper  book,  a  record  or  regis- 
try thereof,  and  shall  grant  an  abstract  or  certificate  of  such 
record  or  registry,  as  nearly  as  maybe,  in  the  form  following:  — 

"In  pursuance  of  an  act  of  the  Congress  of  the  United  States 
of  America,  entitled  '  An  Act  concerning  the  registering  and 
recording  of  ships  or  vessels/ ,  having  taken  or  sub- 
scribed the  oath  (or  affirmation)  required  by  the  said  act,  and 
having  sworn  (or  affirmed)  that  he  (or  she,  and,  if  more  than 
one  owner,  adding  the  words,  '  together  with/  and  the  name 
or  names,  occupation  or  occupations,  place  or  places  of  abode, 
and  parts  or  proportions  of  the  other  owner  or  owners)  is  (or 
are)  the  only  owner  (or  owners)  of  the  ship  or  vessel  called 

the ,  of ,  whereof is  at  present  master,  and  is 

a  citizen  of  the  United  States,  and  that  the  said  ship  or  vessel 

was  built  at in  the  year ,  and having 

certified  that  the  said  ship  or  vessel  has decks,  and 

masts,  and  that  her  length  is  feet,  her  breadth  

feet,  her  depth  feet,  and  that  she  measures tuns, 

that  she  is,  (describing  here  the  particular  kind  of  vessel, 


where,)  during  (time  when,)  for  (persons  for  whom  ;)  that  said is 

built,  has  decks, masts,  is in  length, in  breadth, 

in  depth,  of tuns  burden . 

As  witness  my  hand  the  day  and  year  aforesaid.  . 

Any  certificate  in  which  the  requirements  of  the  law  are  fairly  and  fully 
complied  with,  though  not  precisely  in  the  above  form,  will  be  admitted ; 
and  where,  from  any  cause,  it  is  found  impracticable  to  obtain  the  certificate 
of  the  principal  or  master  carpenter,  other  competent  evidence  establishing 
the  particulars  and  facts  required  to  be  certified  by  him,  may  be  admitted  ; 
but  the  production  of  his  certificate  shall  not  be  waived,  nor  secondary  evi- 
dence substituted  therefor,  without  the  previous  authority  of  the  depart- 
ment.    Gen*  Reg.  Art.  6. 


REGISTRY  OP  SHIPS  AND  VESSELS.  33 

whether  ship,  brigantine,  snow,  schooner,  sloop,  or  whatever 
else,  together  with  her  build,  and  specifying  whether  she  has 

any,  or  no  gallery,  or  head.)     And  the  said having 

agreed  to  the  description  and  admeasurement  above  specified, 
and  sufficient  security  having  been  given,  according  to  the 
said  act,  the  said  ship  or  vessel  has  been  duly  registered  at 

the  port  of .     Given  under  my  hand  and  seal,  at , 

this day  of ,  in  the  year ." 

Provided,  That  if  the  master,  or  person  having  the  charge 
or  command  of  such  ship  or  vessel,  shall  himself  have  made 
oath  or  affirmation  touching  his  being  a  citizen,  the  wording 
of  the  said  certificate  shall  be  varied  so  as  to  be  conformable 
to  the  truth  of  the  case :  And  provided,  That  where  a  new 
certificate  of  registry  is  granted,  in  consequence  of  any  trans- 
fer of  a  ship  or  vessel,  the  words  shall  be  so  varied  as  to  refer 
to  the  former  certificate  of  registry  for  her  admeasurement. 

§  10.  When  a  ship  or  vessel  is  in  a  district  other  than  that 
in  which  the  owner  resides,  how  to  proceed.  —  Where  any 
citizen  or  citizens  of  the  United  States  shall  purchase,  or 
become  owner  or  owners  of,  any  ship  or  vessel,  entitled  to  be 
registered  by  virtue  of  this  act,  such  ship  or  vessel,  being 
within  any  district  other  than  the  one  in  which  he  or  they 
usually  reside,  such  ship  or  vessel  shall  be  entitled  to  be  regis- 
tered by  the  collector  of  the  district  where  such  ship  or  vessel 
may  be,  at  the  time  of  his  or  their  becoming  owner  or  owners 
thereof,  upon  his  or  their  complying  with  the  provisions  herein- 
before prescribed  in  order  to  the  registry  of  ships  or  vessels : 
And  the  oath  or  affirmation  which  is  required  to  be  taken, 
may,  at  the  option  of  such  owner  or  owners,  be  taken  either 
before  the  collector  of  the  district  comprehending  the  port  to 
which  such  ship  or  vessel  may  belong,  or  before  the  collector 
of  the  district  within  which  such  ship  or  vessel  may  be,  either 
of  whom  is  hereby  empowered  to  administer  the  same :  Pro- 
vided, nevertheless,  That  whenever  such  ship  or  vessel  shall 
arrive '  within  the  district,  comprehending  the  port  to  which 
such  ship  or  vessel  shall  belong,  the  certificate  of  registry, 

1  By  the  term  "  arrival  within  the  district "  is  to  be  understood  the  vol- 
untary arrival  of  the  vessel  within  her  home  district  to  which  she  was  des- 
tined in  the  regular  course  of  her  employment.  If,  for  instance,  the  vessel 
is  forced  by -stress  of  weather  into  her  home  district  while  on  her  voyage 
for  another  port  of  destination,  or  stops  there,  on  such  voyage,  to  take  in 
provisions  or  water,  or  take  on  board  passengers  or  baggage,  (such  not 
being  her  usual  employment,)  it  is  not  an  "  arrival "  within  the  meaning 
of  the  law,  and  the  master  is  not  obliged,  in  consequence  thereof,  to  sur- 
render his  temporary,  and  take  out  a  permanent,  certificate  of  registry. 
Gen.  Reg.  Art.  27. 


34  REGISTRY   OP  SHIPS  AND   VESSELS. 

which  shall  have  been  obtained  as  aforesaid,  shall  be  delivered 
up  to  the  collector  of  such  district,  who,  upon  the  requisites  of 
this  act,  in  order  to  the  registry  of  ships  or  vessels,  being  com- 
plied with,  shall  grant  a  new  one,  in  lieu  of  the  first ;  and  the 
certificate,  so  delivered  up,  shall  forthwith  be  returned,  by  the 
collector  who  shall  receive  the  same,  to  the  collector  who  shall 
have  granted  it :  and  if  the  said  first-mentioned  certificate  of 
registry  shall  not  be  delivered  up,  as  above  directed,  the  owner 
or  owners,  and  the  master  of  such  ship  or  vessel,  at  the  time 
of  her  said  arrival  within  the  district  comprehending  the  port 
to  which  such  ship  or  vessel  may  belong,  shall,  severally, 
forfeit  the  sum  of  one  hundred  dollars,  to  be  recovered,  with 
costs  of  suit ;  and  the  said  certificate  of  registry  shall  be 
thenceforth  void.  And,  in  case  any  of  the  matters  of  fact  in 
the  said  oath  or  affirmation  alleged,  which  shall  be  within  the 
knowledge  of  the  party  so  swearing  or  affirming,  shall  not  be 
true,  there  shall  be  a  forfeiture  of  the  ship  or  vessel,  together 
with  her  tackle,  furniture,  and  apparel,  in  respect  to  which 
the  same  shall  have  been  made,  or  of  the  value  thereof,  to  be 
recovered,  with  costs  of  suit,  of  the  person  by  whom  such  oath 
or  affirmation  shall  have  been  made :  Provided  always,  That 
if  the  master,  or  person  having  the  charge  or  command  of 
such  ship  or  vessel,  shall  be  within  the  district  aforesaid  when 
application  shall  be  made  for  registering  the  same,  he  shall 
himself  make  oath  or  affirmation,  instead  of  the  said  owner, 
touching  his  being  a  citizen,  and  the  means  whereby,  or  man- 
ner in  which,  he  is  so  a  citizen ;  in  which  case,  if  what  the 
said  master,  or  person  having  the  said  charge  or  command, 
shall  so  swear  or  affirm,  shall  not  be  true,  the  forfeiture  afore- 
said shall  not  be  incurred,  but  he  shall  himself  forfeit  and 
pay,  by  reason  thereof,  the  sum  of  one  thousand  dollars. 

§  11.  What  proceedings  may  be  had  when  a  ship  is  pur- 
chased  by  an  agent,  said  ship  being  in  a  district  more  than 
fifty  miles  distant.  —  When  any  ship  or  vessel,  entitled  to  be 
registered,  shall  be  purchased  by  an  agent  or  attorney  for,  or 
on  account  of,  a  citizen  or  citizens  of  the  United  States,  such 
ship  or  vessel,  being  in  a  district  of  the  United  States  more 
than  fifty  miles  distant,  taking  the  nearest  usual  route  by  land, 
from  the' one  comprehending  the  port  to  which,  by  virtue  of 
such  purchase,  and  by  force  of  this  act,  such  ship  or  vessel 
ought  to  be  deemed  to  belong,  it  shall  be  lawful  for  the  col- 
lector of  the  district,  where  such  ship  or  vessel  may  be,  and 
he  is  hereby  required,  upon  the  application  of  such  agent  or 
attorney,  to  proceed  to  the  registering  of  the  said  ship  or  vessel, 


REGISTRY  OF  SHIPS  AND   VESSELS.  35 

the  said  agent  or  attorney  first  complying,  on  behalf,  and  in 
the  stead  of,  the  owner  or  owners  thereof,  with  the  requisites 
prescribed  by  this  act,  in  order  to  the  registry  of  ships  or 
vessels,  except,  that  in  the  oath  or  affirmation  which  shall  be 
taken  by  the  said  agent  or  attorney,  instead  of  swearing  or 
affirming  that  he  is  owner,  or  an  owner,  of  such  ship  or  ves- 
sel, he  shall  swear  or  affirm  that  he  is  agent  or  attorney  for 
the  owner  or  owners  thereof,  and  that  he  hath  bona  fide  pur- 
chased the  said  ship  or  vessel  for  the  person  or  persons  whom 
he  shall  name  and  describe  as  the  owner  or  owners  thereof: 
Provided,  nevertheless,  That  whenever  such  ship   or  vessel 
shall  arrive  within   the  district  comprehending  the  port  to 
which   such   ship  or  vessel  shall  belong,  the   certificate   of 
registry  which  shall  have  been  obtained  as  aforesaid,  shall  be 
delivered  up  to  the  collector  of  such  district,  who,  upon  the 
requisites  of  this  act,  in  order  to  the  registry  of  ships  or  ves- 
sels, being  complied  with,  shall  grant  a  new  one,  in  lieu  of  the 
first ;  and  the  certificate,  so  delivered  up,  shall  forthwith  be 
returned  by  the  collector,  who  shall  transmit  the  same  to  the 
collector  who  shall  have  granted  it.     And  if  the  said  first- 
mentioned  certificate  of  registry  shall  not  be  delivered  up,  as 
above  directed,  the  owner  or  owners,  and  the  master  of  such 
ship  or  vessel  at  the  time  of  her  said  arrival  within  the  dis- 
trict comprehending  the  port  to  which  she  may  belong,  shall, 
severally,  forfeit  the  sum  of  one  hundred  dollars,  to  be  recov- 
ered, with  costs  of  suit,  and  the  said  certificate  of  registry  shall 
be  thenceforth  void.     And  in  case  any  of  the  matters  of  fact 
in  the  said  oath  or  affirmation  alleged,  which  shall  be  within 
the  knowledge  of  the  party  so  swearing  or  affirming,  shall  not 
be  true,  there  shall  be  a  forfeiture  of  the  ship  or  vessel,  to- 
gether with  her  tackle,  furniture,  and  apparel,  in  respect  to 
which  the  same  shall  have  been  made,  or  of  the  value  thereof, 
to  be  recovered,  with  costs  of  suit,  of  the  person  by  whom 
such  oath  or  affirmation  shall  have  been  made  :  Provided,  al- 
ways, That  if  the  master,  or  person  having  the  charge  or  com- 
mand of  such  ship  or  vessel,  shall  be  within  the  district  afore- 
said, when  application  shall  be  made  for  registering  the  same, 
he  shall  himself  make  oath  or  affirmation,  instead  °of  the  said 
agent  or  attorney,  touching  his  being  a  citizen,  and  the  means 
whereby,  or  manner  in  which,  he  is  so  a  citizen ;  in  which 
case,  if  what  the  said  master,  or  person  having  the  said  charge 
or  command,  shall  so  swear  or  affirm,  shall  not  be  true,  the 
forfeiture  aforesaid  shall  not  be  incurred,  but  he  shall  him- 
self forfeit  and  pay,  by  reason  thereof,  the  sum  of  one  thou- 
sand dollars. 


6b  REGISTRY   OF   SHIPS   AND   VESSELS. 

§  12.  If  certificate  of  registry  he  lost,  how  new  one  to  be 
obtained.  —  If  the  certificate  of  the  registry  of  any  ship  or 
vessel  shall  be  lost,1  or  destroyed,  or  mislaid,  the  master,  or 
other  person  having  the  charge  or  command  thereof,  may 
make  oath  or  affirmation  before  the  collector  of  the  district 
where  such  ship  or  vessel  shall  first  be  after  such  loss,  de- 
struction, or  mislaying,  who  is  hereby  authorized  to  adminis- 
ter the  same,  which  oath  or  affirmation  shall  be  of  the  form 
following  :  "  I,  [inserting  here  the  name  of  the  person  swear- 
ing or  affirming,]  being  master  (or  having  the  charge  or  com- 
mand) of  the  ship  or  vessel  called  the  [inserting  the  name  of 
the  vessel,]  do  swear  (or  affirm)  that  the  said  ship  or  vessel 
hath  been,  as  1  verily  believe,  registered,  according  to  law,  by 
the  name  of  [inserting  again  the  name  of  the  vessel,]  and  that 
a  certificate  thereof  was  granted  by  the  collector  of  the  district 
of  [naming  the  district  where  registered,]  ivhich  certificate  has 
been  lost,  (or  destroyed,  or  unintentionally,  and  by  mere  accident, 
mislaid,  as  the  case  may  be,)  and  (except  where  the  certifi- 
cate is  alleged  to  have  been  destroyed)  that  the  same^  if  found 
again,  and  within  my  power,  shall  be  delivered  up  to  the  col- 
lector of  the  district  in  which  it  was  granted  ;  "  which  oath  or 
affirmation  shall  be  subscribed  by  the  party  making  the  same ; 
and  upon  such  oath  or  affirmation  being  made,  and  the  other 
requisites  of  this  act,  in  order  to  the  registry  of  ships  or  ves- 
sels, being  complied  with,  it  shall  be  lawful  for  the  collector 
of  the  district,  before  whom  such  oath  or  affirmation  is  made, 
to  grant  a  new  register,  inserting  therein  that  the  same  is  is- 
sued in  the  room  of  the  one  lost  or  destroyed.  But  in  all 
cases  where  a  register  shall  be  granted,  in  lieu  of  the  one  lost 
or  destroyed,  by  any  other  than  the  collector  of  the  district  to 
which  the  ship  or  vessel  actually  belongs,  such  register  shall, 
within  ten  days  after  her  first  arrival  within  the  district  to 


1  It  has  become  necessary  for  the  department,  on  applications  for  a  new 
certificate  of  registry  in  lieu  of  one  alleged  to  have  been  lost,  destroyed,  or 
unintentionally  mislaid,  to  define  the  term  "  lost,"  and  to  prescribe  in  what 
cases  a  certificate  of  registry  should  be  held  to  be  (i  lost,"  within  the  mean- 
ing of  the  law.  Among  others  is  that  in  which  it  is  "  lost "  to  the  owner's 
use  and  control,  by  reason  of  its  being  wrongfully  and  illegally  detained  and 
withheld  from  his  possession,  and  especially  when  the  owner  can  avail  him- 
self of  no  legal  process  to  recover  the  possession  of  the  paper  so  withheld. 
In  such,  and  similar  cases,  the  department  has  authorized  the  issue  of  new 
papers  in  lieu  of  those  thus  withheld ;  but  it  must  be  distinctly  understood 
that  where  application  is  made  for  a  new  certificate  of  registry  in  lieu  of  one 
thus  in  existence,  but  not  within  reach  of  the  owner,  such  application  must 
first  be  transmitted  to  this  department,  and  authority  obtained,  before  such 
new  certificate  can  be  issued.     Gen.  Reg.  Art.  28. 


BEGISTRY  OF  SHIPS  AND  VESSELS.  37 

which  she  belongs,  be  delivered  up  to  the  collector  of  the 
said  district,  who  shall,  thereupon,  grant  a  new  register  in 
lieu  thereof.  And  in  case  the  master  or  commander  shall 
neglect  to  deliver  up  such  register,  within  the  time  aforesaid, 
he  shall  forfeit  one  hundred  dollars  ;  and  the  former  register 
shall  become  null  and  void. 

§  13.  When  a  skip  or  vessel  must  be  registered  anew. — 
When  any  ship  or  vessel,  which  shall  have  been  registered 
pursuant  to  this  act,  or  the  act  hereby,  in  part,  repealed, 
shall,  in  whole  or  in  part,  be  sold,  or  transferred  to  a  citizen 
or  citizens  of  the  United  States,  or  shall  be  altered  in  form, 
or  burden,  by  being  lengthened,  or  built  upon,  or  from  one 
denomination  to  another,  by  the  mode  or  method  of  rigging 
or  fitting,  in  every  such  case  the  said  ship  or  vessel  shall  be 
registered  anew,  by  her  former  name,  according  to  the  direc- 
tions herein  before  contained,  (otherwise  she  shall  cease  to  be 
deemed  a  ship  or  vessel  of  the  United  States,)  and  her  former 
certificate  of'  registry  shall  be  delivered  up  to  the  collector  to 
whom  application  for  such  new  registry  shall  be  made,  at  the 
time  that  the  same  shall  be  made,  to  be  by  him  transmitted 
to  the  register  of  the  treasury,  who  shall  cause  the  same  to  be 
cancelled.1  And  in  every  such  case  of  sale  or  transfer  there 
shall  be  some  instrument  of  writing,  in  the  nature  of  a  bill  of 
sale,  which  shall  recite,  at  length,  the  said  certificate,  otherwise 
the  said  ship  or  vessel  shall  be  incapable  of  being  so  regis- 
tered anew.  And  in  every  case  in  which  a  ship  or  vessel  is 
hereby  required  to  be  registered  anew,  if  she  shall  not  be  so 
registered  anew,  she  shall  not  be  entitled  to  any  of  the  priv- 
ileges or  benefits  of  a  ship  or  vessel  of  the  United  States. 
And  further,  if  her  said  former  certificate  of  registry  shall  not 
be  delivered  up,  as  aforesaid,  except  where  the  same  may  have 
been  destroyed,  lost,  or  unintentionally  mislaid,  and  an  oath 


1  Whenever  it  shall  appear,  by  satisfactory  proof,  to  the  Secretary  of  the 
Treasury,  that  any  ship  or  vessel  hath  been  sold  and  transferred  by  process  of 
law,  and  that  the  register,  certificate  of  enrollment,  or  license,  as  the  case 
may  be,  of  such  ship  or  vessel,  is  retained  by  the  former  owners,  it  shall  be 
lawful  for  the  said  Secretary  to  order  and  direct  the  collector  of  the  district 
to  which  such  ship  or  vessel  may  belong,  to  grant  a  new  register,  certificate 
of  enrollment,  or  license,  as  the  case  may  be,  on  the  owners,  under  such 
sale,  complying  with  such  terms  and  conditions  as  are,  by  law,  required  for 
granting  of  such  papers ;  excepting  only  the  delivering  up  of  the  former 
certificate  of  registry,  enrollment,  or  license,  as  the  case  may  be :  Provided, 
nevertheless,  That  nothing  in  this  act  contained  shall  be  construed  to  re- 
move the  liability  of  any  person  or  persons  to  any  penalty  for  not  surren- 
dering up  the  papers  belonging  to  any  ship  or  vessel,  on  a  transfer  of  sale 
of  the  same.    Act  March  2,  1797,  §  1. 

4 


dV  REGISTRY  OF  SHIPS   AND   VESSELS. 

or  affirmation  thereof  shall  have  been  made,  as  aforesaid,  the 
owner  or  owners  of  such  ship  or  vessel  shall  forfeit  and  pay 
the  sum  of  five  hundred  dollars,  to  be  recovered,  with  costs 
of  suit. 

§  14.  When  master  shall  be  changed,  memorandum  thereof 
to  be  indorsed  on  certificate.  —  "When  the  master,  or  person 
having  the  charge  or  command  of  a  ship  or  vessel,  shall  be 
changed,  the  owner,  or  one  of  the  owners,  or  the  new  master 
of  such  ship  or  vessel,  shall  report  such  change  to  the  collector 
of  the  district  where  the  same  shall  happen,  or  where  the  said 
ship  or  vessel  shall  first  be,  after  the  same  shall  have  hap- 
pened, and  shall  produce  to  him  the  certificate  of  registry  of 
such  ship  or  vessel,  and  shall  make  oath  or  affirmation  show- 
ing that  such  new  master  is  a  citizen  of  the  United  States,  and 
the  manner  in  which,  or  means  whereby,  he  is  so  a  citizen ; 
whereupon  the  said  collector  shall  indorse  upon  the  said  cer- 
tificate of  registry  a  memorandum  of  such  change,  specifying 
the  name  of  such  new  master,  and  shall  subscribe  the  said 
memorandum  with  his  name ;  and,  if  other  than  the  collector 
of  the  district  by  whom  the  said  certificate  of  registry  shall 
have  been  granted,  shall  transmit  a  copy  of  the  said  mem- 
orandum to  him,  with  notice  of  the  particular  ship  or  vessel 
to  which  it  shall  relate ;  and  the  collector  of  the  district  by 
whom  the  said  certificate  shall  have  been  granted,  shall  make 
a  like  memorandum  of  such  change  in  his  book  of  registers, 
and  shall  transmit  a  copy  thereof  to  the  register  of  the  treas- 
ury. And  if  the  said  change  shall  not  be  reported,  or  if  the 
said  oath  or  affirmation  shall  not  be  taken,  as  above  directed, 
the  registry  of  such  ship  or  vessel  shall  be  void,  and  the  said 
master,  or  person  having  the  charge  or  command  of  her,  shall 
forfeit  and  pay  the  sum  of  one  hundred  dollars. 

§  15.  Registered  vessel  sold  to  foreigner,  forfeited  unless 
sale  be  made  known.  —  If  any  ship  or  vessel  heretofore  regis- 
tered, or  which  shall  hereafter  be  registered,  as  a  ship  or  ves- 
sel of  the  United  States,  shall  be  sold  or  transferred,  in  whole 
or  in  part,  by  way  of  trust,  confidence,  or  otherwise,  to  a  sub- 
ject or  citizen  of  any  foreign  prince  or  state,  and  such  sale  or 
transfer  shall  not  be  made  known,  in  manner  herein  before 
directed,  such  ship  or  vessel,  together  with  her  tackle,  apparel, 
and  furniture,  shall  be  forfeited : l  Provided,  That  if  such  ship 

1  Where  a  transfer  of  a  registered  vessel  was  made  to  a  foreigner  in  a 
foreign  port,  for  the  purpose  of  evading  the  revenue  laws  of  the  foreign 
country,  with  the  understanding  that  the  vessel  was  afterwards  to  he  recon- 
veyed  to  the  former  owner,  and  the  transfer  was  not  made  known,  as  re- 


REGISTRY  OF  SHIPS  AND   VESSELS.  39 

or  vessel  shall  be  owned  in  part  only,  and  it  shall  be  made  to 
appear  to  the  jury,  before  whom  the  trial  for  such  forfeiture 
shall  be  had,  that  any  other  owner  of  such  ship  or  vessel,  be- 
ing a  citizen  of  the  United  States,  was  wholly  ignorant  of  the 
sale  or  transfer  to,  or  ownership  of,  such  foreign  subject  or  cit- 
izen, the  share  or  interest  of  such  citizen  of  the  United  States 
shall  not  be  subject  to  such  forfeiture  ;  and  the  residue  only 
shall  be  so  forfeited. 

§  16.  On  arrival  of  registered  vessel  from  foreign  port, 
owner  to  make  oath  to  register.  —  Upon  the  entry  of  every 
ship  or  vessel  of  the  United  States,  from  any  foreign  port  or 
place,  if  the  same  shall  be  at  the  port  or  place  at  which  the 
owner,  or  any  of  the  part  owners,  reside,  such  owner  or  part 
owner  shall  make  oath  or  affirmation  that  the  register  of  such 
ship  or  vessel  contains  the  name  or  names  of  all  the  persons 
who  are  then  owners  of  the  said  ship  or  vessel ;  or,  if  any  part 
of  such  ship  or  vessel  has  been  sold  or  transferred,  since  the 
granting  of  such  register,  that  such  is  the  case,  and  that  no 
foreign  subject  or  citizen  hath,  to  the  best  of  his  knowledge 
and  belief,  any  share,  by  the  way  of  trust,  confidence,  or  oth- 
wise,  in  such  ship  or  vessel.  And  if  the  owner,  or  any  part 
owner,  shall  not  reside  at  the  port  or  place  at  which  such  ship 
or  vessel  shall  enter,  then  the  master  or  commander  shall  make 
oath  or  affirmation  to  the  like  effect.  And  if  the  owner,  or 
part  owner,  where  there  is  one,  or  the  master  or  commander, 
where  there  is  no  owner,  shall  refuse  to  swear  or  affirm,  as 
aforesaid,  such  ship  or  vessel  shall  not  be  entitled  to  the  priv- 
ileges of  a  ship  or  vessel  of  the  United  States.1 

§  17.    When  certificate  of  registry  is  delivered  up  to  collector 

quired,  a  forfeiture  will  be  incurred  under  this  provision.  The  registry  act 
shows  a  strong  solicitude  on  the  part  of  the  legislature  to  trace  and  inspect 
every  change  of  ownership  ;  and  for  this  purpose  to  require  a  public  avowal 
of  it,  and  an  alteration  of  the  ship's  documents,  so  as  to  exhibit,  at  all 
times,  the  names  of  all  persons  who  are  the  legal  owners.  Andrews'  Rev. 
Laws,  32,  33. 

1  When  any  ship  or  vessel  which  has  been,  or  which  shall  be,  registered 
pursuant  to  any  law  of  the  United  States,  shall,  whilst  such  ship  or  vessel 
is  without  the  limits  of  the  United  States.be  sold  or  transferred,  in  whole  or 
in  part,  to  a  citizen  or  citizens  of  the  United  States,  such  ship  or  vessel,  on 
her  first  arrival  in  the  United  States  thereafter,  shall  be  entitled  to  all  the 
privileges  and  benefits  of  a  ship  or  vessel  of  the  United  States  :  Provided, 
That  all  the  requisites  of  law,  in  order  to  the  registry  of  ships  or  vessels, 
shall  be  complied  with,  and  a  new  certificate  of  registry  obtained  for  such 
ship  or  vessel,  within  three  days  from  the  time  at  which  the  master  or  other 
person  having  the  charge  or  command  of  such  ship  or  vessel,  is  required  to 
make  his  final  report  upon  her  first  arrival  afterward,  as  aforesaid,  agree- 
ably to  the  thirtieth  section  of  the  act,  passed  on  the  second  day  of  March, 
one  thousand  seven  hundred  and  ninety-nine,  entitled  "  An  act  to  regulate 
the  collection  of  duties  on  imports  and  tunnage."    Act  March  2,  1803,  §  3. 


40  REGISTRY   OF  SHIPS  AND   VESSELS. 

who  granted  the  same,  he  shall  thereupon  cancel  the  registry 
bond  ;  but  if  surrendered  to  the  collector  of  another  district, 
such  collector  shall  grant  receipt  therefor,  on  the  production 
of  which  to  the  collector  by  whom  the  certificate  was  issued,  the 
bond  shall  be  canceled  as  if  the  register  had  been  returned  to 
him. 

§  18.  Collector  of  each  district  shall  progressively  number 
certificates  of  registry x  by  him  granted,  beginning  anew  at 
commencement  of  each  year  ;  shall  preserve  exact  copies  of  the 


1  Certificates  of  registry  may  be  considered  as  of  two  descriptions,  viz. :  — 

Permanent  registers,  being  those  granted  by  collectors  to  ships  or  vessels 
belonging  to  ports  within  their  respective  districts. 

Temporary  registers,  being  those  granted  by  collectors  to  ships  or  vessels 
not  belonging  to  ports  within  their  respective  districts. 

Permanent  certificates  of  registry  will  be  distinguished  from  those  that 
are  temporary  by  writing  the  word  permanent  or  temporary,  in  a  strong 
engrossing  hand,  in  the  margin  immediately  above  the  number ;  and  the 
same  rule  must  be  observed  in  respect  to  the  copies  and  records.  Gen. 
Reg.  Art.  2. 
_  Permanent  certificates  of  registry  are  to  be  granted  under  the  following 
circumstances :  — 

First.  In  all  cases  where  the  vessel  belongs  to  the  district  in  which  the 
application  is  made. 

Second.  To  a  vessel  belonging  to  a  port  in  the  district  where  the  appli- 
cation is  made,  on  an  oath  or  affirmation  being  first  made,  that  the  former 
certificate  of  registry  has  been  lost  or  destroyed,  or  unintentionally  and  by 
mere  accident  mislaid,  the  requirements  of  the  law  in  other  cases  being  also 
first  complied  with. 

Third.  To  a  vessel  belonging  to  a  port  within  the  district,  on  the  sur- 
render of  a  temporary  certificate  of  registry  granted  in  another  district. 

Fourth.  To  a  vessel  belonging  to  a  port  within  the  district,  on  the  sur- 
render of  a  certificate  of  enrollment  granted  in  the  same  or  another  district. 

Permanent  certificates  of  registry  are  to  be  surrendered  in  the  following 
cases : — 

First.  In  case  of  the  sale  or  transfer  of  the  vessel,  in  whole  or  in  part,  to 
a  citizen  or  citizens  of  the  United  States,  or  to  a  foreigner  or  foreigners. 

Second.  In  case  the  vessel  shall  be  lost  or  taken  by  an  enemy,  be  burned 
or  broken  up,  or  otherwise  prevented  from  returning  to  the  port  to  which 
she  belongs. 

Third.  In  case  the  vessel  be  altered  in  form  or  burden,  by  being  length- 
ened or  built  upon  ;  or  from  one  denomination  to  another,  by  the  mode  or 
method  of  rigging  or  fitting. 

Temporary  certificates  of  registry  are  to  be  granted  under  the  following 
circumstances :  — 

First.  When  a  ship  or  vessel  is  purchased,  in  whole  or  in  part,  or  owned 
by  a  citizen  or  citizens  of  the  United  States,  the  same  being  within  any  dis- 
trict other  than  the  one  in  which  he  or  they  usually  reside  ;  or  when  a  ship 
or  vessel  is  purchased,  in  whole  or  in  part,  by  the  agent  or  attorney  of  a 
citizen  or  citizens  living  in  a  district  comprehending  the  port  to  which  the 
ship  or  vessel  will,  by  virtue  of  such  purchase,  and  by  force  of  law,  belong, 
being  more  than  fifty  miles  distant  from  the  district  where  such  ship  or 
vessel  is  at  the  time  of  purchase  by  such  agent  or  attorney. 

Second.  In  case  a  ship  or  vessel  shall  arrive  within  any  district  other  than 
that  to  which  she  belongs,  and  it  shall  be  proved  that  her  certificate  of  regis- 
try has  been  lost  or  destroyed,  or  unintentionally  and  by  mere  accident 


KEGISTRY  OP   SHIPS  AND   VESSELS.  41 

same,  and  once  in  three  months  transmit  like  copies  to  regis- 
ter of  the  treasury. 

§  19.  Of  the  recording  of  vessels.  —  Every  ship  or  vessel 
built  in  the  United  States,  and  belonging  wholly,  or  in  part, 
to  the  subjects  of  foreign  powers,  in  order  to  be  entitled  to  the 
benefits  of  a  ship  built  and  recorded  in  the  United  States,  shall 
be  recorded  in  the  office  of  the  collector  of  the  district  in  which 
such  ship  or  vessel  was  built,  in  manner  following,  that  is  to 
say : ?  The  builder  of  every  such  ship  or  vessel  shall  make 
oath  or  affirmation,  before  the  collector  of  such  district,  who 
is  hereby  authorized  to  administer  the  same,  in  manner  fol- 
lowing :  "  / ,  of ,  shipwright,  do  swear  (or 

affirm,)  that  the  ship  (brig,  snow,  schooner,  sloop,  or  whatever 

else)   named  ,  having  decks,  and  being  in  length 

feet,  in  breadth feet,  in  depth feet,  and  meas- 
uring    tuns,  having  gallery,  and head,  was 

built  by  me,  or  under  my  direction,  at  ,  in  the    United 

States,  in  the  year ; "  which  oath  or  affirmation  shall  be 

subscribed  by  the  person  making  the  same,  and  shall  be  re- 
corded in  a  book,  to  be  kept  by  the  said  collector  for  that 
purpose. 

§  20.  The  said  collector  shall  cause  the  said  ship  or  vessel 
to  be  surveyed  or  admeasured,  in  the  mode  and  manner  and 
according  to  the  rule  prescribed  in  the  case  of  vessels  entitled 
to  be  registered,  and,  the  surveyor  or  other  person  by  whom 
such  vessel  may  be  admeasured  shall  grant  a  like  certificate. 

§  21.  A  certificate  of  the  said  record,  attested  under  the 
hand  and  seal  of  the  said  collector,  shall  be  granted  to  the 
master  of  every  such  ship  or  vessel,  as  nearly  as  may  be,  of 
the  form  following :  "  In  pursuance  of  an  act,  entitled  '  An  act 
concerning  the  registering  and  recording  of  ships  or  vessels/ 

mislaid,  by  an  oath  or  affirmation  thereof  duly  made,  the  other  requirements 
of  the  law  in  that  case  having  been  also  complied  with. 

Third.  In  case  an  enrolled  and  licensed  vessel  shall  arrive  in  any  other 
district  than  that  to  which  she  belongs,  and  the  master  of  the  vessel  shall 
surrender  the  enrollment  and  license,  and  make  oath  or  affirmation  that  the 
property  remains  as  expressed  in  the  surrendered  enrollment. 

Temporary  certificates  of  registry  are  to  be  surrendered  to  the  collector  of 
the  district  where  the  vessel  belongs,  on  her  arrival,  or  within  ten  days  after 
her  arrival,  within  said  district,  as  the  law  provides.     Gen.  Reg.  Art.  34. 

1  The  provisions  respecting  the  recording  of  vessels  are  practically  obso- 
lete. Of  the  vessels  built  in  the  district  of  Boston,  on  foreign  account, 
during  the  fifteen  years  past,  two  only  have  been  recorded,  —  the  course 
pursued  in  other  cases  having  been  for  the  contracter  or  builder  to  take  out 
a  certificate  of  registry  in  his  own  name  as  owner,  which  was  canceled  on 
production  of  bill  of  sale  to  the  foreign  party  or  parties  for  whom  the  vessel 
was  built. 

* 


42  REGISTRY  OP   SHIPS  AND   VESSELS. 

I, ,  collector  of  the  district  of ,  in  the  United 

States,  do  certify  that ,  of ,  having  sworn,  or 

affirmed,  that  the named ,  whereof is  at 

present  master,  was  built  at  ,  by  him,  or  under   his 

direction,  in  the  year ,  and having  certified  that 

the  said  ship  or  vessel  has decks,  is,  in  length, feet, 

in  breadth,  — —  feet,  in  depth, feet,  and  measures 

tuns.      And  the  said  builder  and having  agreed  to  the 

said  description  and  admeasurement,  the  said  ship  or  vessel 

has  been  recorded,  in  the  district  of in  the  United  States. 

Witness  my  hand  and  seal,  this day  of ,  in  the  year 

: "  which  certificate  shall  be  recorded  in  the  office  of  the 

said  collector,  and  a  duplicate  thereof  transmitted  to  the  regis- 
ter of  the  treasury  of  the  United  States,  to  be  recorded  in  his 
office. 

§  22.  On  change  of  master,  report  and  indorsement  required 
to  be  made,  as  in  case  of  registered  vessel. 

§  23.  The  master  of  any  vessel  recorded  in  pursuance  of 
this  act,  on  entry  of  such  vessel,  is  required  to  produce  the  cer- 
tificate of  record,  in  failure  of  which  such  vessel  shall  not  be 
entitled  to  the  privileges  of  a  vessel  built  and  recorded  in  the 
United  States. 

§  24.  Making  of  false  register,  record,  or  certificate  of  ad- 
measurement, how  punished.  —  Every  collector,  or  officer,  who 
shall  knowingly  make,  or  be  concerned  in  making,  any  false 
register  or  record,  or  shall  knowingly  grant,  or  be  concerned 
in  granting,  any  false  certificate  of  registry  or  record,  of  or 
for  any  ship  or  vessel,  or  other  false  document  whatsoever, 
touching  the  same,  contrary  to  the  true  intent  and  meaning  of 
this  act,  or  who  shall  designedly  take  any  other  or  greater 
fees  than  are  by  this  act  allowed,  or  who  shall  receive  any 
voluntary  reward  or  gratuity  for  any  of  the  services  performed 
pursuant  thereto,  and  every  surveyor,  or  other  person 
appointed  to  measure  any  ship  or  vessel,  who  shall  willfully 
deliver  to  any  collector,  or  naval  officer,  a  false  description  of 
such  ship  or  vessel,  to  be  registered  or  recorded,  shall,  upon 
conviction  of  any  such  neglect,  or  offense,  forfeit  the  sum  of 
one  thousand  dollars,  and  be  rendered  incapable  of  serving  in 
any  office  of  trust  or  profit  under  the  United  States ;  and  if 
any  person  or  persons,  authorized  and  required  by  this  act,  in 
respect  to  his  or  their  office  or  offices,  to  perform  any  act  or 
thing  required  to  be  done  or  performed  pursuant  to  any  of  the 
provisions  of  this  act,  shall  willfully  neglect  to  do  or  perform 
the  same,  according  to  the  true  intent  and  meaning  of  this  act, 


REGISTRY   OF  SHIPS  AND  VESSELS.  43 

such  person  or  persons  shall,  on  being  duly  convicted  thereof, 
if  not  subject  to  the  penalty  and  disqualification  aforesaid, 
forfeit  the  sum  of  five  hundred  dollars  for  the  first  offense,  and 
a  like  sum  for  the  second  offense,  and  shall  thenceforth  be 
rendered  incapable  of  holding  any  office  of  trust  or  profit  under 
the  United  States. 

§  25.  Vessel  fraudulently  using  certificate  of  registry  subject 
to  forfeiture.  —  If  any  certificate  of  registry,  or  record,  shall 
be  fraudulently  or  knowingly  used  for  any  ship  or  vessel,  not 
then  actually  entitled  to  the  benefit  thereof  according  to  the 
true  intent  of  this  act,  such  ship  or  vessel  shall  be  forfeited  to 
the  United  States,  with  her  tackle,  apparel,  and  furniture.1 

§  26.  Falsely  making  oath  or  affirmation  to  be  deemed  willful 
and  corrupt  perjury. — If  any  person  or  persons  shall  falsely 
make  oath  or  affirmation  to  any  of  the  matters  herein  required 
to  be  verified,  such  person  or  persons  shall  suffer  the  like  pains 
and  penalties  as  shall  be  incurred  by  persons  committing  will- 
ful and  corrupt  perjury ;  and  if  any  person  or  persons  shall 
forge,  counterfeit,  erase,  alter,  or  falsify,  any  certificate,  regis- 
ter, record,  or  other  document,  mentioned,  described,  or  author- 
ized, in  and  by  this  act,  such  person  or  persons  shall,  for  every 
such  offense,  forfeit  the  sum  of  five  hundred  dollars. 

1  By  an  act  passed  March  12,  1812,  it  was  provided  that  a  steamboat, 
employed,  or  intended  to  be  employed,  only  in  a  river  or  bay  of  the  United 
States,  owned  wholly  or  in  part  by  an  alien,  resident  in  the  United  States, 
might  be  enrolled  and  licensed  as  if  the  same  belonged  to  a  citizen  of  the 
United  States.  Under  the  act  of  March  3,  1825,  before  a  steamboat  or 
vessel  belonging  to  an  incorporated  company  could  be  registered,  it  was 
requisite  that  the  president  or  Secretary  of  such  company  should  make  oath 
that  no  part  of  such  steamboat  or  vessel  had  been  or  was  owned  by  any 
foreigner  or  foreigners;  but  by  an  act  passed  June  11,  1858,  this  provision 
of  the  act  of  1825  was  repealed,  so  that  a  steamboat  or  vessel,  built  in  the 
United  States,  and  owned  by  an  incorporated  company,  may  now  be  regis- 
tered, although  shares  in  such  company  be  held  by  others  than  citizens  of 
the  United  States. 


44  ENROLLMENT  OP   SHIPS  AND   VESSELS, 


ENEOLLMENT   OF   SHIPS   AND   VESSELS, 
AND  LICENSING  THEREOF. 

Act  op  February  20,  1793. 

§  27.  What  vessels  shall  be  deemed  vessels  of  the  United 
States,  fyc.  —  Ships  or  vessels  of  twenty  tuns  and  upwards, 
which  shall  be  enrolled  in  pursuance  of  this  act,  and  having 
a  license  in  force,  or,  if  less  than  twenty  tuns,  not  being  en- 
rolled, shall  have  a  license  in  force,  as  is  hereinafter  required, 
and  no  others,  shall  be  deemed  ships  or  vessels  of  the  United 
States,  entitled  to  the  privileges  of  ships  or  vessels  employed 
in  the  coasting  trade  or  fisheries. 

§  28.  What  qualifications  are  necessary  to  enrollment.  —  In 
order  for  the  enrollment  of  any  ship  or  vessel,  she  shall  pos- 
sess the  same  qualifications,  and  the  same  requisites,  in  all 
respects,  shall  be  complied  with,  as  are  made  necessary  for 
registering  ships  or  vessels ;  and  the  same  duties  and  authori- 
ties are  hereby  given  and  imposed  on  all  officers,  respectively, 
in  relation  to  such  enrollments,  and  the  same  proceedings  shall 
be  had,  in  similar  cases,  touching  such  enrollments ;  and  the 
ships  or  vessels  so  enrolled,  with  the  master,  or  owner  or  own- 
ers thereof,  shall  be  subject  to  the  same  requisites  as  are,  in 
those  respects,  provided  for  vessels  registered ;  the  record  of 
which  enrollment  shall  be  made,  and  an  abstract  or  copy  thereof 
granted,  as  nearly  as  may  be,  in  the  form  following :  "  En- 
rollment, in  conformity  to  an  act  of  the  Congress  of  the  United 
States  of  America,  entitled  '  An  act  for  enrolling  and  licensing 
ships  or  vessels,  to  be  employed  in  the  coasting  trade  and 

fisheries,  and  for  regulating  the  same/ having 

taken  and  subscribed  the  oath  (or  affirmation)  required  by 
this  act,  and  having  sworn  (or  affirmed)  that  he  (or  she,  and, 
if  more  than  one  owner,  adding  the  words  '  together  with,'  and 
the  name  or  names,  occupation  or  occupations,  place  or  places 
of  abode,  and  parts  or  proportions  belonging  to  each,  of  the 
owner  or  owners)  is  (or  are)  a  citizen  (or  citizens)  of  the 
United  States,  and  sole  owner  (or  owners)  of  the  ship  or  vessel 

called  the ,  of ,  whereof is  at  present  master, 

and  is  a  citizen  of  the  United  States,  and  that  the  said  ship  or 
vessel  was  built  at ,  in  the  State  of ,  and 


AND  LICENSING  THEREOF.  45 

having  certified  that  the  said  ship  or  vessel  has decks, 

and masts,  and  that  her  length  is feet,  her  breadth 

i feet,  her  depth  feet,  and  that  she  measures 

tuns,  that  she  is  [describing  here  the  particular  kind  of  vessel, 
whether  ship,  brigantine,  snow,  schooner,  sloop,  or  whatever 
else,  together  with  her  build,  and  specifying  whether  she  has 

any  or  no  gallery  or  head ;]   and  the  said having 

agreed  to  the  description  and  admeasurement  above  specified, 
and  sufficient  security  having  been  given,  according  to  the  said 
act,  the  said  ship  or  vessel  has  been  duly  enrolled,  at  the  port 

of .     Given  under  my  hand  and  seal,  at ,  this 

day  of ,  in  the  year ." 

§  29.  Register  may  be  exchanged  for  enrollment  and  license, 
fyc.  —  It  shall  and  may  be  lawful  for  the  collectors  of  the  sev- 
eral districts  to  enroll  and  license  any  ship  or  vessel  that  may 
be  registered,  upon  such  registry  being  given  up,  or  to  register 
any  ship  or  vessel  that  may  be  enrolled,  upon  such  enrollment 
and  license  being  given  up.1  And  when  any  ship  or  vessel 
shall  be  in  any  other  district  than  the  one  to  which  she  belongs, 
the  collector  of  such  district,  on  the  application  of  the  master 

1  Enrollments  and  licenses  are  either  permanent  or  temporary  —  the  former 
being  those  issued  in  the  district  where  the  vessel  belongs,  and  the  latter 
those  granted  in  other  districts  ;  both  of  which  are  to  be  granted  and  sur- 
rendered for  the  same  causes  as  certificates  of  registry  ;  and  the  license  of  a 
vessel  is  at  all  times  to  be  surrendered  with  her  enrollment. 

In  order  that  permanent  enrollments  and  licenses  may  be  distinguished 
from  those  that  are  temporary,  the  word  "  permanent  "  or  "  temporary,"  as 
the  case  may  be,  Anil  be  Avritten,  in  a  strong  engrossing  hand,  on  the  margin 
immediately  above  the  number. 

By  reference  to  note  page  40,  will  be  seen  the  cases  in  which  permanent 
and  temporary  certificates  of  registry  are  to  be  issued  and  surrendered ;  and 
permanent  and  temporary  certificates  of  enrollments  and  licenses  are  to  be 
granted  and  surrendered  under  similar  circumstances.  No  doubt,  it  is  con- 
ceived, can  exist  as  to  the  eases  in  which  permanent  papers  should  be  issued 
to  vessels  in  the  coasting  trade  or  fisheries ;  and  to  remove  all  doubt  as  to 
the  proper  cases  in  which  temporary  papers  should  be  granted  to  vessels  so 
employed,  it  is  to  be  observed,  that  temporary  enrollments  and  licenses  are 
to  be  granted  under  the  following  circumstances,  viz. :  — 

First.  When  a  ship  or  vessel  is  purchased,  in  whole  or  in  part,  or  owned 
by  a  citizen  or  citizens  of  the  United  States,  the  same  being  within  any  dis- 
trict other  than  the  one  in  which  he  or  they  usually  reside  ;  or  when  a  ship 
or  vessel  is  purchased,  in  whole  or  in  part,  by  the  agent  or  attorney  of  a 
citizen  or  citizens  living  in  a  district  comprehending  the  port  to  which  the 
ship  or  vessel  will,  by  virtue  of  such  purchase,  belong,  being  more  than  fifty 
miles  distant  from  the  district  where  such  ship  or  vessel  is  at  the  time  of 
purchase  by  such  agent  or  attorney. 

The  temporary  enrollment  or  license  thus  granted  is  to  be  surrendered  to 
the  collector  on  arrival  at  her  home  port,  when  permanent  papers  may  be 
granted,  in  compliance  with  the  provisions  of  law  in  such  cases. 

Second.  In  case  a  ship  or  vessel  shall  arrive  within  any  district  other  than 
that  to  which  she  belongs,  and  it  shall  be  proved  that  her  certificate  of  enroll- 
ment or  license  has  been  lost  or  destroyed,  or  unintentionally  and  by  mere 


46 

or  commander  thereof,  and  upon  his  taking  an  oath  or  affir- 
mation, that,  according  to  his  best  knowledge  and  belief,  the 
property  remains  as  expressed  in  the  register  or  enrollment 
proposed  to  be  given  up,  and  upon  his  giving  the  bonds  re- 
quired for  granting  registers,  shall  make  the  exchanges  afore- 
said; but  in  every  such  case,  the  collector  to  whom  the  register, 
or  enrollment  and  license,  may  be  given  up,  shall  transmit  the 
same  to  the  register  of  the  treasury ;  and  the  register,  or 
enrollment  and  license,  granted  in  lieu  thereof,  shall,  within 
ten  days  after  the  arrival  of  such  ship  or  vessel  within  the 
district  to  which  she  belongs,  be  delivered  to  the  collector  of 
the  said  district,  and  be  by  him  canceled.  And  if  the  said 
master  or  commander  shall  neglect  to  deliver  the  said  register, 
or  enrollment  and  license,  within  the  time  aforesaid,  he  shall 
forfeit  one  hundred  dollars. 


accident  mislaid,  by  an  oath  or  affirmation  thereof  duly  made,  the  other 
requirements  of  the  law  in  that  case  having  been  also  complied  with. 

Third.  In  case  a  registered  vessel  shall  arrive  in  any  other  district  than 
that  to  which  she  belongs,  and  the  master  of  the  vessel  shall  surrender  her 
certificate  of  registry,  and  make  oath  or  affirmation  that  the  property 
remains  as  expressed  in  the  surrendered  certificate. 

In  the  next  two  preceding  cases,  (marked  second  and  third,)  the  tempo- 
rary enrollment  and  license  are  to  be  surrendered  to  the  collector  within  ten 
days  after  her  arrival  at  her  home  port,  where  permanent  papers  may  le 
granted  in  pursuance  of  law. 

When  the  license  of  a  vessel  expires  while  she  is  without  her  proper  dis- 
trict, without  change  of  ownership,  or  loss  of  enrollment  or  license,  it  is  not 
embraced  in  any  of  the  provisions  of  the  registry  act,  nor  in  any  of  those  of 
the  coasting  act,  except  those  of  the  third  section,  which  authorize  an 
enrollment  and  license  to  be  surrendered  to  the  collector  of  the  district  in 
which  the  vessel  may  be,  and  a  temporary  certificate  of  registry  taken 
instead. 

It  cannot,  therefore,  be  safe  or  proper  for  a  vessel  thus  circumstanced  to 
depart  from  port  without  a  license  in  force,  as  she  will  render  herself  liable 
to  the  penalties  of  the  6th  section  of  the  act  of  18th  February,  1793.  The 
proper  course,  under  such  circumstances,  is  to  surrender  her  enrollment  or 
license,  and  take  out  a  temporary  certificate  of  registry  under  the  3d  section 
of  the  act  of  18th  February,  1793,  which  must  be  surrendered  only  to  the 
collector  of  her  home  district,  within  ten  days  after  arrival  within  the 
same. 

The  trouble  and  expense  of  a  temporary  registry  may,  in  most  cases,  be 
avoided,  if  the  owners  will  take  due  care  to  avail  their  vessels  of  new  licenses 
under  provisions  contained  in  the  10th  section  of  the  act  of  the  18th  Febru- 
ary, 1793,  which  authorize  the  owner  of  the  vessel  to  return  the  license  to 
the  collector  at  any  time  within  the  year  for  which  it  was  granted,  and  take 
out  a  new  license  instead.  Whenever  it  is  proposed  to  proceed  on  a  voyage 
of  considerable  length,  and  the  license  is  ready  to  expire,  the  necessity  of  a 
temporary  registry  may  be  avoided  by  thus  taking  out  a  new  license  at  the 
home  port. 

A  vessel  engaged  in  the  cod  fishery,  whose  license  shall  expire  while  so 
engaged,  will  be  disqualified  from  pursuing  such  employment  with  any 
claim  to  bounty  for  the  time  she  may  be  without  a  license  in  force.  Gen. 
Reg.  Art.  45,  47,  48. 


AND   LICENSING   THEREOF.  47 

§  30.  Of  the  licensing  of  vessels  for  the  coasting  trade  and 
fisheries.  —  In  order  to  the  licensing  of  any  ship  or  vessel  for 
carrying  on  the  coasting  trade  or  fisheries,  the  husband  or 
managing  owner,  together  with  the  master  thereof,  with  one 
or  more  sureties,  to  the  satisfaction  of  the  collector  granting 
the  same,  shall  become  bound  to  pay  to  the  United  States,  if 
such  ship  or  vessel  be  of  the  burden  of  five  tuns,  and  less 
than  twenty  tuns,  the  sum  of  one  hundred  dollars ;  and  if 
twenty  tuns,  and  not  exceeding  thirty  tuns,  the  sum  of  two 
hundred  dollars ;  and  if  above  thirty  tuns,  and  not  exceeding 
sixty  tuns,  the  sum  of  five  hundred  dollars  ;  and  if  above  sixty 
tuns,  the  sum  of  one  thousand  dollars,  in  case  it  shall  appear, 
within  two  years  from  the  date  of  the  bond,  that  such  ship  or 
vessel  has  been  employed  in  any  trade,  whereby  the  revenue 
of  the  United  States  has  been  defrauded  during  the  time  the 
license  granted  to  such  ship  or  vessel  remained  in  force ;  and 
the  master  of  such  ship  or  vessel  shall  also  swear  or  affirm, 
that  he  is  a  citizen  of  the  United  States,  and  that  such  license 
shall  not  be  used  for  any  other  vessel,  or  any  other  employment, 
than  that  for  which  it  is  specially  granted,  or  in  any  trade  or 
business  whereby  the  revenue  of  the  United  States  may  be  de- 
frauded;  and  if  such  ship  or  vessel  be  less  than  twenty  tuns 
burden,  the  husband  or  managing  owner  shall  swear  or  affirm, 
that  she  is  wholly  the  property  of  a  citizen  or  citizens  of  the 
United  States  ;  whereupon  it  shall  be  the  duty  of  the  collector 
of  the  district,  comprehending  the  port  whereto  such  ship  or 
vessel  may  belong,  to  grant  a  license,  in  the  form  following : 
License  for  carrying  on  the  coasting  trade,  cod  fishery,  or 
mackerel  fishery,  as  the  case  may  be. 

In  pursuance  of  an  act  of  the  Congress  of  the  United  States 
of  America,  entitled  *  An  act  for  enrolling  and  licensing  ships 
or  vessels  to  be  employed  in  the  coasting  trade  and  fisheries, 

and  for  regulating  the  same,' having  given  bond  that 

the called  the  ,  whereof  the  said  is  master, 

burden  tuns,  as  appears  by  her  enrollment,  dated  at 

,  (but,  if  she  be  less  than  twenty  tuns,  insert  instead 

thereof)  proof  being  had  of  her  admeasurement,  shall  not  be 
employed  in  any  trade,  while  this  license  shall  continue  in 
force,  whereby  the  revenue  of  the  United  States  shall  be 
defrauded,  and  having  also  sworn  (or  affirmed)  that  this  license 
shall  not  be  used  for  any  other  vessel,  or  for  any  other  employ- 
ment, than  is  herein  specified,  license  is  hereby  granted  for 

the  said ,  called  the ,  to  be  employed  in  carrying  on 

the ,  for  one  year  from  the  date  hereof,  and  no  longer. 


48 

Given  under  my  hand  and  seal,  at  ,  this  day  of 

,  in  the  year ." 

§  31.  License  how  long  to  be  considered  in  force.  —  No 
license  granted  to  any  ship  or  vessel  shall  be  considered  in 
force  any  longer  than  such  ship  or  vessel  is  owned,  and  of  the 
description  set  forth  in  such  license,  or  for  carrying  on  any 
other  business  or  employment  than  that  for  which  she  is 
specially  licensed ;  and  if  any  ship  or  vessel  be  found  with 
a  forged  or  altered  license,  or  making  use  of  a  license 
granted  for  any  other  ship  or  vessel,  such  ship  or  vessel,  with 
her  tackle,  apparel,  and  the  cargo  found  on  board  her,  shall 
be  forfeited. 

§  32.  Vessel  found  trading  between  district  and  district, 
without  a  license  in  force,  subject  to  alien  tunnage  duty,  and 
may  be  forfeited  in  certain  cases.  —  Every  ship  or  vessel  of 
twenty  tuns  or  upward,  (other  than  such  as  are  registered,) 
found  trading  between  district  and  district,  or  between  different 
places  in  the  same  district,  or  carrying  on  the  fishery  without 
being  enrolled  and  licensed,  or,  if  less  than  twenty  tuns,  and 
not  lest  than  five  tuns,  without  a  license,  in  manner  as  is  pro- 
vided by  this  act,  such  ship  or  vessel,  if  laden  with  goods  the 
growth  or  manufacture  of  the  United  States  only,  (distilled 
spirits  only  excepted,)  or  in  ballast,  shall  pay  the  same  fees 
and  tunnage  in  every  port  of  the  United  States  at  which  she 
may  arrive,  as  ships  or  vessels  not  belonging  to  a  citizen  or 
citizens  of  the  United  States ;  and  if  she  have  on  board  any 
articles  of  foreign  growth  or  manufacture,  or  distilled  spirits, 
other  than  sea  stores,  the  ship  or  vessel,  together  with  her 
tackle,  apparel,  and  furniture,  and  the  lading  found  on  board, 
shall  be  forfeited :  Provided,  however,  if  such  ship  or  vessel 
be  at  sea  at  the  expiration  of  the  time  for  which  the  license 
was  given,  and  the  master  of  such  ship  or  vessel  shall  swear 
or  affirm  that  such  was  the  case,  and  shall  also,  within  forty- 
eight  hours  after  his  arrival,  deliver  to  the  collector  of  the 
district  in  which  he  shall  first  arrive,  the  license  which  shall 
have  expired,  the  forfeiture  aforesaid  shall  not  be  incurred, 
nor  shall  the  ship  or  vessel  be  liable  to  pay  the  fees  and  tun- 
nage aforesaid. 

§  33.  Collectors  to  number  licenses  progressively,  beginning 
anew  at  the  commencement  of  each  year,  make  record  thereof, 
and  transmit  copies  once  in  three  months  to  the  register  of 
the  treasury.  And  where  any  ship  or  vessel  shall  be  licensed 
or  enrolled  anew,  or,  being  licensed  or  enrolled,  shall  afterward 
be  registered,  or  being  registered,  shall  afterward  be  enrolled 


AND  LICENSING  THEREOF.  49 

or  licensed,  she  shall,  in  every  such  case,  be  enrolled,  licensed, 
or  registered,  by  her  former  name. 

§  34.  Vessel  proceeding  on  foreign  voyage  without  sur- 
rendering enrollment  and  license,  subject  to  forfeiture.  —  If  any 
ship  or  vessel,  enrolled  or  licensed  as  aforesaid,  shall  proceed 
on  a  foreign  voyage,  without  first  giving  up  her  enrollment 
and  license  to  the  collector  of  the  district  comprehending  the 
port  from  which  she  is  about  to  proceed  on  such  foreign 
voyage,  and  being  duly  registered  by  such  collector,  every 
such  ship  or  vessel,  together  with  her  tackle,  apparel,  and 
furniture,  and  the  goods,  wares,  and  merchandise  so  imported 
therein,  shall  be  liable  to  seizure  and  forfeiture.1 

§  35.  License,  when  to  be  given  up  to  collector  granting  the 
same,  and  penalty  for  neglect,  fyc.  —  The  license  granted  to 
any  ship  or  vessel  shall  be  given  up  to  the  collector  of  the 
district  who  may  have  granted  the  same  within  three  days 
after  the  expiration  of  the  time  for  which  it  was  granted,  in 
case  such  ship  or  vessel  be  then  within  the  district ;  or,  if  she 
be  absent  at  that  time,  within  three  days  from  her  first  arrival 
within  the  district  afterward ;  or,  if  she  be  sold  out  of  the 
district,  within  three  days  after  the  arrival  of  the  master  within 
any  district,  to  the  collector  of  such  district,  taking  his  certifi- 
cate therefor ;  and  if  the  master  thereof  shall  neglect  or  refuse 
to  deliver  up  the  license,  as  aforesaid,  he  shall  forfeit  fifty 
dollars  ;  but  if  such  license  shall  have  been  previously  given 
up  to  the  collector  of  any  other  district,  as  authorized  by  this 
act,  and  a  certificate  thereof,  under  the  hand  of  such  collector, 
be  produced  by  such  master,  or  if  such  license  be  lost,  or  de- 
stroyed, or  unintentionally  mislaid,  so  that  it  cannot  be  found, 
and  the  master  of  such  ship  or  vessel  shall  make  and  subscribe 
an  oath  or  affirmation  that  such  license  is  lost,  destroyed,  or 
unintentionally  mislaid,  as  he  verily  believes,  and  that  the 

i  Vessels  on  the  northern,  north-eastern,  and  north-western  frontiers  of 
the  United  States  are  authorized  by  subsequent  enactment  to  carry  on  the 
foreign  and  coasting  trade,  under  a  special  enrollment  and  license  for  that 
purpose. 

From  and  after  the  passage  of  this  act,  any  boat,  sloop,  or  other  vessel  of 
the  United  States,  navigating  the  waters  on  our  northern,  north-eastern,  and 
north-western  frontiers,  otherwise  than  by  sea,  shall  be  enrolled  and  licensed 
in  such  form  as  may  be  prescribed  by  the  Secretary  of  the  Treasury  ;  which 
enrollment  and  license  shall  authorize  any  such  boat,  sloop,  or  other  vessel, 
to  be  employed  either  in  the  coasting  or  foreign  trade ;  and  no  certificate  of 
registry  shall  be  required  for  vessels  so  employed  on  said  frontiers:  Pro- 
vided, That  such  boat,  sloop,  or  vessel  shall  be,  in  every  other  respect, 
liable  to  the  rules,  regulations,  and  penalties  now  in  force  relating  to  regis- 
tered vessels  on  our  northern,  north-eastern,  and  north-western  frontiers. 
Act  March  2,  1831,  $  3. 

5 


50  ENROLLMENT   OF  SHIPS  AND   VESSELS, 

same,  if  found,  shall  be  delivered  up,  as  is  herein  required, 
then  the  aforesaid  penalty  shall  not  be  incurred.  And  if  such 
license  shall  be  lost,  destroyed,  or  unintentionally  mislaid,  as 
aforesaid,  before  the  expiration  of  the  time  for  which  it  was 
granted,  upon  the  like  oath  or  affirmation  being  made  and 
subscribed  by  the  master  of  such  ship  or  vessel,  the  said  col- 
lector is  hereby  authorized  and  required,  upon  application 
being  made  therefor,  to  license  such  ship  or  vessel  anew. 

§  36.  License  may  be  surrendered  by  owner  at  any  time.  — 
It  shall  and  may  be  lawful  for  the  owner  or  owners  of  any 
licensed  ship  or  vessel  to  return  such  license  to  the  collector 
who  granted  the  same  at  any  time  within  the  year  for  which 
it  was  granted,  who  shall  thereupon  cancel  the  same,  and 
shall  license  such  vessel  anew,  upon  the  application  of  the 
owner  or  owners,  and  upon  the  conditions  hereinbefore  required 
being  complied  with. 

§  37.  Licensed  vessel  to  have  name  painted  on  stern.  — 
Every  licensed  ship  or  vessel  shall  have  her  name,  and  the 
port  to  which  she  belongs,  painted  on  her  stern,  in  the  manner 
as  is  provided  for  registered  ships  or  vessels;  and  if  any 
licensed  ship  or  vessel  be  found  without  such  painting,  the 
owner  or  owners  thereof  shall  pay  twenty  dollars. 

§  38.  Change  of  master  to  be  reported  to  collector  and  in- 
dorsed on  license.  —  When  the  master  of  any  licensed  ship  or 
vessel,  ferry  boats  excepted,  shall  be  changed,  the  new  master, 
or,  in  case  of  his  absence,  the  owner,  or  one  of  the  owners 
thereof,  shall  report  such  change  to  the  collector  residing  at 
the  port  where  the  same  may  happen,  if  there  be  one,  other- 
wise to  the  collector  residing  at  any  port  where  such  ship  or 
vessel  may  next  arrive,  who,  upon  the  oath  or  affirmation  of 
such  new  master,  or,  in  case  of  his  absence,  of  the  owner,  or 
one  of  the  owners,  that  he  is  a  citizen  of  the  United  States, 
and  that  such  ship  or  vessel  shall  not,  while  such  license  con- 
tinues in  force,  be  employed  in  any  manner  whereby  the 
revenue  of  the  United  States  may  be  defrauded,  shall  indorse 
such  change  on  the  license,  with  the  name  of  the  new  master ; 
and  when  any  change  shall  happen  as  aforesaid,  and  such 
change  shall  not  be  reported,  and  the  indorsement  made  of 
such  change,  as  is  herein  required,  such  ship  or  vessel,  found 
carrying  on  the  coasting  trade  or  fisheries,  shall  be  subject  to 
pay  the  same  fees  as  a  vessel  of  the  United  States  having  a 
register,  and  the  said  new  master  shall  forfeit  and  pay  the 
sum  of  ten  dollars. 

§  39.    Officers  of  the  revenue  may  inspect  enrollment  and 


AND  LICENSING  THEREOF.  51 

license.  —  It  shall  be  lawful,  at  all  times,  for  any  officer  con- 
cerned in  the  collection  of  the  revenue  to  inspect  the  enroll- 
ment or  license  of  any  ship  or  vessel ;  and  if  the  master  of  any 
such  ship  or  vessel  shall  not  exhibit  the  same,  when  thereunto 
required  by  such  officer,  he  shall  pay  one  hundred  dollars. 

§  40.  Vessels  of  the  burden  of  Jive  tuns,  and  less  than  twenty 
tuns,  to  be  admeasured,  fyc,  before  being  licensed.  —  Before  any 
ship  or  vessel,  of  the  burden  of  five  tuns,  and  less  than  twenty 
tuns,  shall  be  licensed,  the  same  admeasurement  shall  be  made 
of  such  ship  or  vessel,  and  the  same  provisions  observed  rela- 
tive thereto,  as  are  to  be  observed  in  case  of  admeasuring 
ships  or  vessels  to  be  registered  or  enrolled ;  but  in  all  cases 
where  such  ship  or  vessel,  or  any  other  licensed  ship  or  vessel, 
shall  have  been  once  admeasured,  it  shall  not  be  necessary  to 
measure  such  ship  or  vessel  anew,  for  the  purpose  of  obtaining 
another  enrollment  or  license,  except  such  ship  or  vessel  shall 
have  undergone  some  alteration,  as  to  her  burden,  subsequent 
to  the  time  of  her  former  license. 

§  41.  Collectors  and  other  officers,  knowingly  making  any 
false  record  of  enrollment,  or  giving  any  false  description,  Sfc.f 
liable  to  same  penalties  as  for  like  offenses  in  respect  to  regis- 
tered vessels. 

§  42.  Persons  swearing  or  affirming  falsely  shall  suffer  the 
like  pains  and  penalties  as  shall  be  incurred  by  persons  com- 
mitting willful  and  corrupt  perjury;  and  persons  forging, 
counterfeiting,  erasing,  altering,  or  falsifying  any  enrollment, 
license,  or  other  document  mentioned  in  this  act,  shall  forfeit 
five  hundred  dollars. 

§  43.  Licensed  vessel  transferred  to  a  person  not  a  resident 
citizen  liable  to  forfeiture.  —  If  any  licensed  ship  or  vessel 
shall  be  transferred,  in  whole  or  in  part,  to  any  person  who  is 
not,  at  the  time  of  such  transfer,  a  citizen  of,  and  resident 
within,  the  United  States,  or  if  any  such  ship  or  vessel  shall 
be  employed  in  any  other  trade  than  that  for  which  she  is 
licensed,  or  shall  be  found  with  a  forged  or  altered  license,  or 
one  granted  for  any  other  ship  or  vessel,  every  such  ship  or 
vessel,  with  her  tackle,  apparel,  and  furniture,  and  the  cargo 
found  on  board  her,  shall  be  forfeited. 

§  44.  Provisions  of  this  act  not  to  extend  to  boats  or  lighters 
not  masted  and  decked.  —  Nothing  in  this  act  shall  be  con- 
strued to  extend  to  any  boat  or  lighter,  not  being  masted,  or 
if  masted,  and  not  decked,  employed  in  the  harbor  of  any  town 
or  city. 


52  FOREIGN-BUILT  VESSELS  OWNED  BY  U.  S.  CITIZENS. 


FOREIGN-BUILT  VESSELS   OWNED    BY 
CITIZENS  OF  THE  UNITED  STATES. 


§  45.  Although  no  ships  or  vessels,  other  than  such  as 
may  be  possessed  of  registers,  enrollments,  or  licenses,  duly- 
issued  and  in  force,  are  deemed  and  denominated  ships  and 
vessels  of  the  United  States,  yet  foreign-built  vessels,  pur- 
chased, whether  of  belligerents  or  neutrals,  during  a  war  to 
which  the  United  States  are  not  a  party,  or,  in  peace,  of  citi- 
zens or  subjects  of  a  foreign  state,  and  wholly  owned  by 
citizens  of  the  United  States,  are  held  to  be  entitled  to  the 
protection  of  the  authorities  and  flag  of  the  United  States  as 
national  property.1  To  enable,  however,  the  owners  of  such 
vessels  to  protect  their  rights,  if  questioned  or  molested,  col- 
lectors of  the  customs,  though  forbidden  by  law  to  grant  any 
marine  document  or  certificate  of  ownership,  are  authorized 
to  make  record  of  the  bills  of  sale,  authenticate  their  validity 
in  form  and  substance,  and  deliver  to  the  owners  certificates 
thereof,  setting  forth  also  that  said  owners  are  citizens  of  the 
United  States. 

These  facts,  thus  authenticated,  if  the  transfer  wras  in  good 
faith,  entitle  the  vessel  to  protection  as  the  lawful  property  of 
citizens  of  the  United  States.2 

1  Andrews,  Dig.  Opin.  Attorneys  Gen.  477. 

2  It  will  be  distinctly  understood,  however,  that  vessels  not  registered, 
enrolled,  or  licensed,  under  the  laws  of  the  United  States,  wholly  owned  by 
citizens  thereof,  cannot  legally  import  goods,  wares,  or  merchandise  from 
foreign  ports,  and  are  subjected  in  the  coasting  trade  to  disabilities  and 
exactions  from  which  documented  vessels  of  the  United  States  are  exempted. 

On  arrival  from  a  foreign  port,  such  undocumented  vessels,  if  laden  with 
goods,  wares,  or  merchandise,  will,  with  their  cargoes,  be  subjected  to  for- 
feiture. If  in  ballast  only,  or  with  passengers,  without  cargo,  they  will  be 
subject  to  a  tunnage  duty  of  one  dollar  per  tun. 

In  the  coastwise  trade,  such  undocumented  vessels,  if  laden  with  goods, 
wares,  and  merchandise  of  the  growth  or  manufacture  of  the  United  States 
only,  (distilled  spirits  only  excepted,)  taken  in  within  one  district  of  the 
United  States  to  be  discharged  in  another  district  within  the  same,  or  in 
ballast,  will  be  subjected,  at  every  port  of  the  United  States  at  which  they 
may  arrive,  to  payment  of  the  fees  prescribed  by  law  in  the  case  of  vessels 
not  belonging  to  citizens  of  the  United  States,  and  to  a  tunnage  duty  of  one 
dollar  per  tun.  But  if  they  have  on  board  any  articles  of  foreign  growth  or 
manufacture,  or  distilled  spirits,  other  than  sea  stores,  such  vessels,  with 
their  tackle,  apparel,  furniture,  and  the  lading  found  on  board,  will  be 
forfeited.     Gen.  Reg.  Art.  78-80. 


LICENSES  TO   YACHTS.  53 


LICENSES   TO   YACHTS. 

• 

§  46.  Secretary  of  Treasury  may  cause  yachts  to  be  licensed. 
—  The  Secretary  of  the  Treasury  is  hereby  authorized  to 
cause  yachts,  used  and  employed  exclusively  as  pleasure 
vessels,  and  designed  as  models  of  naval  architecture,  and 
now  entitled  to  be  enrolled  as  American  vessels,  to  be  licensed 
on  terms  which  will  authorize  them  to  proceed  from  port  to 
port  of  the  United  States,  without  entering  or  clearing  at  the 
custom  house  :  Provided,  such  vessels  so  enrolled  and  licensed 
shall  not  be  allowed  to  transport  merchandise  or  carry  passen- 
gers for  pay.  And  provided,  further,  That  the  owner  of  any 
such  vessel,  before  taking  out  such  license,  shall  give  a  bond 
in  such  form,  and  for  such  amount,  as  the  Secretary  of  the 
Treasury  shall  prescribe,  conditional  that  the  said  vessel  shall 
not  engage  in  any  unlawful  trade,  nor  in  any  way  violate  the 
revenue  laws  of  the  United  States,  and  shall  comply  with  the 
laws  in  all  other  respects.     Act  Aug.  7,  1848,  §  1. 

§  47.  To  be  subject  to  laws  of  United  States.  —  All  such  ves- 
sels shall,  in  all  respects,  except  as  above,  be  subject  to  the  laws 
of  the  United  States,  and  shall  be  liable  to  seizure  and  forfeit- 
ure for  any  violation  of  the  provisions  of  this  act.     Ibid.  §  2. 

§  48.  To  be  provided  with  special  signal.  —  All  such 
licensed  yachts  shall  use  a  signal  of  the  form,  size,  and  colors 
prescribed  by  the  Secretary  of  the  Navy,  and  the  owners 
thereof  shall  at  all  times  permit  the  naval  architects  in  the 
employ  of  the  United  States  to  examine  and  copy  the  models 
of  said  yachts.     Ibid.  §  3. 

§  49.  Under  this  act  no  license  can  be  granted  to  a  vessel 
of  less  than  twenty  tuns ;  and  before  being  entitled  to  be  so 
licensed,  such  vessel  must  be  duly  enrolled  in  conformity  with 
law.  The  license  in  this,  as  in  other  cases,  will  continue  in 
force,  unless  surrendered,  for  a  term  of  one  year  from  the  date 
of  issue,  and  no  longer. 

§  50.  The  Secretary  of  the  Navy  has  prescribed  the  signal 
to  be  used  by  vessels  sailing  under  the  license  authorized  by 
this  act  to  be,  "  The  American  ensign,  substituting  in  the  field 
a  white  foul  anchor,  surrounded  by  thirteen  white  stars  in  a 
circle,  in  lieu  of  a  star  for  each  state."1 

i  It  will  become  the  duty  of  the  officers  of  the  customs  to  see  that  this 
provision  of  the  law  is  complied  with ;  and  also  that  each  yacht  shall  have 


54  CHANGE   OP   TESSEL'S  NAME. 


CHANGE  OF  VESSEL'S  NAME. 

§  51.  Name  of  Vessel  may  be  changed  only  by  act  of  Con- 
gress.—  By  an  act  passed  on  the  5th  of  March,  1856,  the 
Secretary  of  the  Treasury  was  authorized  to  permit  the  owner 
or  owners  of  any  vessel  to  change  the  name  of  such  vessel, 
when  in  his  opinion  there  should  be  sufficient  cause  for  so 
doing.  This  act  having  been  repealed  by  an  act  passed 
January  13,  1859,  the  name  under  which  a  vessel  may  have 
been  registered,  enrolled,  or  licensed,  can  now  be  changed 
only  by  special  act  of  Congress.  Whenever,  therefore,  it  is 
desired  to  assume  a  new  name  for  any  vessel,  as  aforesaid, 
application  must  be  made  to  Congress  therefor,  by  petition, 
setting  forth  the  original  name,  the  place  where  and  time 
when  built,  the  tunnage,  and  the  name  proposed  to  be  taken, 
together  with  the  reasons  for  the  change.  If  a  change  be 
authorized,  marine  papers  will  be  taken  out  in  the  new  name. 

§  52.  Nationalization  of  foreign-built  vessels.  —  Although 
by  the  act  of  December  23,  1852,  the  Secretary  of  the  Treas- 
ury is  authorized  to  direct  the  registry  or  enrollment  of  for- 
eign-built vessels,  wrecked  in  the  'United  States,  and  subse- 
quently purchased  and  repaired  by  citizens  of  said  states,  (see 
p.  26  and  note,)  yet  when  such  vessels  are  found  derelict  out 
of  the  jurisdiction  of  the  United  States,  and  are  brought  into 
our  ports,  and  purchased  and  repaired  by  American  citizens, 
the  privilege  of  registry  and  enrollment  can  only  be  obtained  by 
special  acts  of  Congress,  passed  for  that  purpose  in  each  case. 

her  name,  and  the  port  to  which  she  belongs,  painted  on  her  stern,  as  re- 
quired by  existing  laws. 

It  will  be  distinctly  understood  that  this  law  authorizes  yachts,  duly 
licensed  for  that  purpose,  "  to  proceed  from  port  to  port  of  the  United  States, 
without  entering  or  clearing  at  the  custom  house,"  but  expressly  provides 
that  such  vessels  "  shall  not  be  allowed  to  transport  merchandise  or  carry 
passengers  for  pay." 

The  proper  officers  of  the  customs  will,  consequently,  not  require  entry  or 
clearance  at  the  custom  house  of  yachts  proceeding  from  port  to  port  within 
the  United  States  ;  but  masters,  or  other  persons  in  command  or  charge  of 
said  vessels,  must  exhibit  their  enrollments  and  licenses  on  demand  of  any 
collector,  surveyor,  or  inspector  of  the  customs,  and  submit  to  such  exami- 
nation as  said  officers,  or  either  of  them,  shall  see  fit  to  make  of  the  vessel, 
with  a  view  to  the  enforcement  of  the  requirements  of  law,  and  the  due 
protection  of  the  public  revenue.    Gen.  Reg.  Art.  189, 190. 


TRANSFER  OF  VESSELS.  55 


TRANSFER  OF  VESSELS. 

§  53.  No  bill  of  sale,  fyc,  valid,  unless  recorded.  —  No  bill 
of  sale,  mortgage,  hypothecation,  or  conveyance  of  any  vessel, 
or  part  of  any  vessel,  of  the  United  States,  shall  be  valid 
against  any  person  other  than  the  grantor  or  mortgagor,  his 
heirs  and  devisees,  and  persons  having  actual  notice  thereof, 
unless  such  bill  of  sale,  mortgage,  hypothecation,  or  convey- 
ance, be  recorded  in  the  office  of  the  collector  of  the  customs 
where  such  vessel  is  registered  or  enrolled : 1  Provided,  That 
the  lien  by  bottomry  on  any  vessel,  created  during  her  voyage 
by  a  loan  of  money  or  materials  necessary  to  repair  or  enable 
such  vessel  to  prosecute  a  voyage,  shall  not  lose  its  priority,  or 
be  in  any  way  affected  by  the  provisions  of  this  act.  Act 
July  29,  1850,  §  1. 

§  54.  Collectors  to  record  and  certify  bills  of  sale.  —  The 
collectors  of  the  customs  shall  record  all  such  bills  of  sale, 
mortgages,  hypothecations,  or  conveyances,  and  also  all  certifi- 
cates for  discharging  and  canceling  any  such  conveyances,  in 
a  book  or  books  to  be  kept  for  that  purpose,  in  the  order  of 
their  reception,  noting  in  said  book  or  books,  and  also  on  the 
bill  of  sale,  mortgage,  hypothecation,  or  conveyance,  the  time 
when  the  same  was  received  ;  and  shall  certify  on  the  bill  of 
sale,  mortgage,  hypothecation,  or  conveyance,  or  certificate  of 
discharge  or  cancellation,  the  number  of  the  book  and  page 
where  recorded,  and  shall  receive  for  so  recording  such  instru- 
ment of  conveyance,  or  certificate  of  discharge,  fifty  cents. 
Ibid.  §  2. 

§  55.  Index  of  records  to  be  kept  for  inspection,  and  certifi- 
cates granted.  —  The  collectors  of  the  customs  shall  keep  an 
index  of  such  records,  inserting  alphabetically  the  names  of 
the  vendor  or  mortgagor,  and  of  the  vendee  or  mortgagee,  and 
shall  permit  said  index  and  books  of  records  to  be  inspected 
during  office  hours,  under  such  reasonable  regulations  as  they 
may  establish ;  and  shall,  when  required,  furnish  to  any  per- 

1  It  is  immaterial  whether  the  register  or  enrollment  be  permanent  or 
temporary  :  the  record  must  be  made  at  the  port  where  the  vessel  is  regis- 
tered or  enrolled  at  the  date  of  the  bill  of  sale,  whether  it  be  her  home 
port,  or  the  port  where  she  may  have  taken  out  temporary  papers.  This 
construction  was  settled  by  the  Supreme  Court  of  Massachusetts  in  the  case 
of  Potter  v.  Irish,  March  Term,  1858. 


56  TRANSFER  OF  VESSELS. 

son  a  certificate,  setting  forth  the  names  of  the  owners  of  any 
vessel  registered  or  enrolled,  the  parts  or  proportion  owned  by 
each,  (if  inserted  in  the  register  or  enrollment,)  and  also  the 
material  facts  of  any  existing  bill  of  sale,  mortgage,  hypothe- 
cation, or  other  incumbrance  upon  such  vessel,  recorded  since 
the  issuing  of  the  last  register  or  enrollment,  viz. :  the  date, 
amount  of  such  incumbrance,  and  from  and  to  whom,  or  in 
whose  favor  made.  The  collectors  shall  receive  for  each  such 
certificate  one  dollar.     Ibid.  §  3. 

§  56.  Certified  copies  shall  be  furnished. — The  collectors 
of  the  customs  shall  furnish  certified  copies  of  such  records  on 
the  receipt  of  fifty  cents  for  each  bill  of  sale,  mortgage,  or  other 
conveyance.     Ibid.  §  4. 

§  57.  Owner  applying  for  register  or  enrollment  shall  set 
forth  in  oath  part  of  vessel  belonging  to  each  owner.  —  The 
owner  or  agent  of  the  owner  of  any  vessel  of  the  United 
States,  applying  to  the  collector  of  the  customs  for  the  register 
or  enrollment  of  a  vessel,  shall,  in  addition  to  the  oath  now 
prescribed  by  law,  set  forth  in  the  oath  of  ownership  the  part 
or  proportion  of  such  vessel  belonging  to  each  owner,  and  the 
same  shall  be  inserted  in  the  register  or  enrollment ;  and  all 
bills  of  sale  of  vessels  registered  or  enrolled  shall  set  forth 
the  part  of  the  vessel  owned  by  each  person  selling,  and  the 
part  conveyed  to  each  person  purchasing.     Ibid.  §  5. 


MARINE  PAPERS.  57 


MAEINE  PAPEES. 

§  58.  In  addition  to  certificates  of  registry  and  enrollment, 
which  in  time  of  peace  are  sufficient  to  ascertain  our  flag, 
provision  has  been  made  both  by  law  and  treaty  stipulation 
for  certain  other  papers  denominated  passports  and  sea 
letters. 

§  59.  Secretary  of  State  shall  prepare  form  of  passport.  — 
It  shall  be  the  duty  of  the  Secretary  of  State  to  prepare  a  form, 
which,  when  approved  by  the  President,  shall  be  deemed  the 
form  of  a  passport  for  ships  and  vessels  of  the  United  States.1 
Act  June  1,  1799,  §  1. 

§  GO.  Vessels  of  the  United  States  bound  to  foreign  country 
to  be  furnished  with  passport.  —  Every  ship  and  vessel  of  the 
United  States,  going  to  any  foreign  country,  shall,  before  she 
departs  from  the  United  States,  at  the  request  of  the  master, 
be  furnished,  by  the  collector  for  the  district  where  such  ship 
or  vessel  may  be,  with  a  passport  of  the  form  prescribed  and 
established,  pursuant  to  the  foregoing  section ;  and,  in  order 
to  be  entitled  to  such  passport,  the  master  of  every  such  ship 
or  vessel  shall  be  bound,  with  sufficient  sureties,  to  the  Treas- 
urer of  the  United  States,  in  the  penalty  of  two  thousand 
dollars,  conditioned,  that  the  said  passport  shall  not  be  applied 
to  the  use  or  protection  of  any  other  ship  or  vessel  than  the 
one  described  in  the  same ;  and  that,  in  case  of  the  loss  or 
sale  of  any  ship  or  vessel  having  such  passport,  the  same  shall, 
within  three  months,  be  delivered  up  to  the  collector  from 
whom  it  was  received,  if  the  loss  or  sale  take  place  within 
the  United  States ;  or  within  six  months,  if  the  same  shall 

1  "  By  the  President  of  the  United  States  of  America  : 

"  Suffer  the master  or  commander,  of  the  burden  of tuns, 

or  thereabouts,  mounted  with guns,  navigated  with men,  to  pass 

with  her  company,  passengers,  goods,  and  merchandise,  without  any  hinder- 

ance,  seizure,  or  molestation,  the  said appearing,  by  good  testimony, 

to  belong  to  one  or  more  of  the  citizens  of  the  United  States,  and  to  him  or 
them  only. 

"  Given  under  Ay  hand,  and  the  seal  of  the  United  States  of 

~     _  America,  the  day  of ,  in  the  year  of  our  Lord  — — 

'  thousand hundred  and . 

"By  the  President : 

,  Secretary  of  State. 

"  State  of ,  District  of .     Countersigned  by  — — . 

"  To  all  persons  whom  these  may  concern." 


58  MARINE  PAPERS. 

happen  at  any  place  nearer  than  the  Cape  of  Good  Hope ; 
and  within  eighteen  months,  if  at  a  more  distant  place. 
Ibid.  §  2.  r 

§  61.  Sea  letter  and  certificate  of  national  character.  —  To 
the  end  that  all  dissension  and  quarrel  may  be  avoided  and 
prevented,  it  has  been  agreed,  that  in  case  that  one  of  the  two 
parties  happens  to  be  at  war,  the  vessels  belonging  to  the 
subjects  or  inhabitants  of  the  other  ally  shall  be  provided 
with  sea  letters  or  passports,  expressing  the  name,  the  prop- 
erty, and  the  burden  of  the  vessel,  as  also  the  name  and  the 
place  of  abode  of  the  master  or  commander  of  the  said  vessel, 
to  the  end  that  thereby  it  may  appear  that  the  vessel  really 
and  truly  belongs  to  subjects  or  inhabitants  of  one  of  the  par- 
ties ;  which  passports  shall  be  drawn  and  distributed  according 
to  the  form  annexed  to  this  treaty :  each  time  that  the  vessel 
shall  return,  she  should  have  such  her  passport  renewed,  or,  at 
least,  they  ought  not  to  be  of  more  ancient  date  than  two 
years,  before  the  vessel  has  been  returned  to  her  own 
country.1 


1  The  forms  of  the  sea  letter  and  certificate  provided  for  by  this  article  of 
the  treaty  are  as  follows,  —  being  always  written  in  French,  Spanish, 
English,  and  German  :  — 

" ,  President  of  the  United  States  of  America,  to  all  who  shall  see 

these  presents,  greeting  : 

"Be  it  known,  that  leave  and  permission  are  hereby  given  to , 

master  or  commander  of  the called ,  of  the  burden  of tuns,  or 

thereabouts,  lying  at  present  in  the  port  of ,  bound  for ,  and  laden 

with ,  to  depart  and  proceed  with  the  said on  his  said  voyage,  such 

having  been  visited,  and  the  said having  made  oath  before 

the  proper  officer  that  the  said belongs  to  one  or  more  of  the  citizens  of 

the  United  States  of  America,  and  to  him  or  them  only. 

"  In  witness  whereof,  /  have  subscribed  my  name  to  these  presents, 
and  affixed  the  seal  of  the   United  States  of  America  thereto,  and 

caused  the  same  to  be  countersigned  by ,  at ,  the day  of 

in  the  year  of  our  Lord . 

"  By  the  President : 

"Most  Serene,  Serene,  most  Puissant,  Puissant,  High,  Illustrious,  Noble, 
Honorable,  Venerable,  "Wise,  and  Prudent  Lords,  Emperors,  Kings,  Re- 
publics, Princes,  Dukes,  Earls,  Barons,  Lords,  Burgomasters,  Schepens, 
Counselors,  as  also  Judges,  Officers,  Justiciaries,  and  Regents,  of  all  the 
good  cities  and  places,  whether  Ecclesiastical  or  Secular,  who  shall  see  these 

patents  or  hear  them  read :  We make  known,  that  the  master  of 

appearing  before  us,  has  declared,  upon  oath,  that  the  vessel  called , 

of  the  burden  of  about >•  tuns,  which  he  at  present  navigates,  is  of  the 

United  States  of  Amerioa,  and  that  no  subjects  of  the  present  belligerent 
powers  have  any  part  or  portion  therein,  directly  or  indirectly,  so  may  God 
Almighty  help  him.  And,  as  we  wish  to  see  the  said  master  prosper  in  his 
lawful  affairs,  our  prayer  is,  to  all  the  before  mentioned,  and  to  each  of  them 
separately,  where  the  said  master  shall  arrive  with  his  vessel  and  cargo,  that 
they  may  please  to  receive  the  said  master  with  goodness,  and  to  treat  him 


MARINE   PAPERS.  59 

It  has  been  also  agreed,  that  such  vessels,  being  loaded, 
ought  to  be  provided  not  only  with  the  said  passports  or  sea 
letters,  but  also  with  a  general  passport,  or  with  particular 
passports  or  manifests,  or  other  public  documents,  which  are 
ordinarily  given  to  vessels  outward  bound  in  the  ports  from 
whence  the  vessels  have  set  sail  in  the  last  place,  containing 
a  specification  of  the  cargo,  of  the  place  from  whence  the 
vessel  departed,  and  of  that  of  her  destination ;  or,  instead  of 
all  these,  with  certificates  from  the  magistrates  or  governors 
of  cities,  places,  and  colonies  from  whence  the  vessel  came, 
given  in  the  usual  form,  to  the  end  that  it  may  be  known 
whether  there  are  any  effects  prohibited  or  contraband  on 
board  the  vessels,  and  whether  they  are  destined  to  be  carried 
to  an  enemy's  country  or  not ;  and  in  case  any  one  judges 
proper  to  express  in  the  said  documents  the  persons  to  whom 
the  effects  on  board  belong,  he  may  do  it  freely,  without,  how- 
ever, being  bound  to  do  it ;  and  the  omission  of  such  expression 
can  not  and  ought  not  to  cause  a  confiscation.  Treaty  with  the 
Netherlands,  1782,  Art,  25. 

in  a  becoming  manner,  permitting  him,  on  paying  the  usual  tolls  and  ex- 
penses in  passing  and  repassing,  to  pass,  navigate,  and  frequent  the  ports, 
passes,  and  territories,  to  the  end  to  transact  his  business,  where  and  in 
what  manner  he  shall  judge  proper.  Whereof  we  shall  be  willingly 
indebted. 


In  witness  and  for  cause  whereof  we  affix  hereto  the  seal  of- 


60  SEAMEN  IN   THE   MERCHANT  SERVICE. 


SEAMEN  IN  THE  MERCHANT  SERVICE. 

§  62.  Master  to  make  written  agreement  with  seamen.  — 
Every  master  or  commander  of  any  ship  or  vessel  bound  from 
a  port  in  the  United  States  to  any  foreign  port,  or  of  any  ship 
or  vessel  of  the  burden  of  fifty  tuns  or  upward  bound  from  a 
port  in  one  state  to  a  port  in  any  other  than  an  adjoining 
state,  shall,  before  he  proceed  on  such  voyage,  make  an  agree- 
ment, in  writing  or  in  print,  with  every  seaman  or  mariner  on 
board  such  ship  or  vessel,  (except  such  as  shall  be  apprentice 
or  servant  to  himself  or  owners,)  declaring  the  voyage  or 
voyages,  term  or  terms  of  time,  for  which  such  seaman  or 
mariner  shall  be  shipped.  And  if  any  master  or  commander 
of  such  ship  or  vessel  shall  carry  out  any  seaman  or  mariner 
(except  apprentices  or  servants  as  aforesaid)  without  such 
contract  or  agreement  being  first  made  and  signed  by  the 
seamen  and  mariners,  such  master  or  commander  shall  pay  to 
every  such  seaman  or  mariner  the  highest  price  or  wages 
which  shall  have  been  given  at  the  port  or  place  where  such 
seaman  or  mariner  shall  have  been  shipped,  for  a  similar 
voyage,  within  three  months  next  before  the  time  of  such 
shipping :  Provided,  Such  seaman  or  mariner  shall  perform 
such  voyage ;  or  if  not,  then  for  such  time  as  he  shall  continue 
to  do  duty  on  board  such  ship  or  vessel ;  and  shall,  moreover, 
forfeit  twenty  dollars  for  every  such  seaman  or  mariner,  one 
half  to  the  use  of  the  person  prosecuting  for  the  same,  the 
other  half  to  the  use  of  the  United  States  ;  and  such  seaman 
or  mariner,  not  having  signed  such  contract,  shall  not  be 
bound  by  the  regulations,  nor  subject  to  the  penalties  and 
forfeitures,  contained  in  this  act.     Act  July  20,  1790,  §  1. 

§  63.  Seaman  neglecting  to  render  himself  on  board  to 
forfeit  one  day's  pay  for  every  hour's  neglect.  —  At  the  foot 
of  every  such  contract,  there  shall  be  a  memorandum  in 
writing  of  the  day  and  the  hour  on  which  such  seaman  or 
mariner,  who  shall  so  ship  and  subscribe,  shall  render  them- 
selves on  board,  to  begin  the  voyage  agreed  upon.  And  if 
any  such  seaman  or  mariner  shall  neglect  to  render  himself 
on  board  the  ship  or  vessel,  for  which  he  has  shipped,  at  the 
time  mentioned  in  such  memorandum,  and  if  the  master, 
commander,  or  other  officer  of  the  ship  or  vessel,  shall,  on  the 
day  on  which  such  neglect  happened,  make  an  entry,  in  the 


SEAMEN  IN   THE  MERCHANT   SERVICE.  61 

log  book  of  such  ship  or  vessel,  of  the  name  of  such  seaman 
or  mariner,  and  shall,  in  like  manner,  note  the  time  that  he  so 
neglected  to  render  himself,  (after  the  time  appointed,)  every 
such  seaman  or  mariner  shall  forfeit,  for  every  hour  which  he 
shall  so  neglect  to  render  himself,  one  day's  pay,  according  to 
the  rate  of  wages  agreed  upon,  to  be  deducted  out  of  his 
wages.  And  if  any  such  seaman  or  mariner  shall  wholly 
neglect  to  render  himself  on  board  of  such  ship  or  vessel,  or, 
having  rendered  himself  on  board,  shall  afterwards  desert  and 
escape,  so  that  the  ship  or  vessel  proceed  to  sea  without  him, 
every  such  seaman  and  mariner  shall  forfeit  and  pay  to  the 
master,  owner,  or  consignee  of  the  said  ship  or  vessel  a  sum 
equal  to  that  which  shall  have  been  paid  to  him  by  advance 
at  the  time  of  signing  the  contract,  over  and  besides  the  sum 
so  advanced.     Ibid.  §  2. 

§  64.  Seaman  absenting  himself  from  the  vessel  to  forfeit 
three  days'  pay  for  each  day's  absence.  —  If  any  seaman  or 
mariner  who  shall  have  subscribed  such  contract  as  is  herein- 
before described  shall  absent  himself  from  on  board  the  ship 
or  vessel  in  which  he  shall  so  have  shipped,  without  leave  of 
the  master  or  officer  commanding  on  board,  and  the  mate,  or 
other  officer  having  charge  of  the  log  book,  shall  make  an 
entry  therein  of  the  name  of  such  seaman  or  mariner,  on  the 
day  on  which  he  shall  so  absent  himself,  and  if  such  seaman 
or  mariner  shall  return  to  his  duty  within  forty-eight  hours, 
such  seaman  or  mariner  shall  forfeit  three  days'  pay  for  every 
day  which  he  shall  so  absent  himself,  to  be  deducted  out  of  his 
wages ;  but  if  any  seaman  or  mariner  shall  absent  himself  for 
more  than  forty-eight  hours  at  one  time,  he  shall  forfeit  all 
the  wages  due  to  him,  and  all  his  goods  and  chattels  which 
were  on  board  the  said  ship  or  vessel,  or  in  any  store  where 
they  may  have  been  lodged  at  the  time  of  his  desertion,  to 
the  use  of  the  owners  of  the  ship  or  vessel,  and  moreover 
shall  be  liable  to  pay  to  him  or  them  all  damages  which  he  or 
they  may  sustain  by  being  obliged  to  hire  other  seamen  or 
mariners  in  his  or  their  place.     Ibid.  §  5. 

§  65.  When  seaman  may  demand  his  wages.  —  Every  sea- 
man or  mariner  shall  be  entitled  to  demand  and  receive,  from 
the  master  or  commander  of  the  ship  or  vessel  to  which  they 
belong,  one  third  part  of  the  wages  which  shall  be  due  to  him, 
at  every  port  where  such  ship  or  vessel  shall  unlade  and 
deliver  her  cargo  before  the  voyage  be  ended,  unless  the 
contrary  be  expressly  stipulated  in  the  contract :  and  as  soon 
as  the  voyage  is  ended,  and  the  cargo  or  ballast  be  fully 
6 


62  SEAMEN   IN  THE  MERCHANT   SERVICE. 

discharged  at  the  last  port  of  delivery,  every  seaman  or 
mariner  shall  be  entitled  to  the  wages  which  shall  be  then 
due  according  to  his  contract ;  and  if  such  wages  shall  not  be 
paid  within  ten  days  after  such  discharge,  or  if  any  dispute 
shall  arise  between  the  master  and  seamen  or  mariners 
touching  the  said  wages,  it  shall  be  lawful  for  the  judge  of 
the  district  where  the  said  ship  or  vessel  shall  be,  or  in  case 
his  residence  be  more  than  three  miles  from  the  place,  or  of 
his  absence  from  the  place  of  his  residence,  then  for  any 
judge  or  justice  of  the  peace,  to  summon  the  master  of  such 
ship  or  vessel  to  appear  before  him,  to  show  cause  why  process 
should  not  issue  against  such  ship  or  vessel,  her  tackle,  furni- 
ture, and  apparel,  according  to  the  course  of  Admiralty  Courts, 
to  answer  for  the  said  wages.     Ibid.  §  6. 

§  66.  Seaman  deserting  may  be  arrested.  —  If  any  seaman 
or  mariner,  who  shall  have  signed  a  contract  to  perform  a 
voyage,  shall,  at  any  port  or  place,  desert,  or  shall  absent 
himself  from  such  ship  or  vessel,  without  leave  of  the  master, 
or  officer  commanding  in  the  absence  of  the  master,  it  shall 
be  lawful  for  any  justice  of  peace  within  the  United  States 
(upon  the  complaint  of  the  master)  to  issue  his  warrant  to 
apprehend  such  deserter,  and  bring  him  before  such  justice ; 
and  if  it  shall  then  appear,  by  due  proof,  that  he  has  signed 
a  contract  within  the  intent  and  meaning  of  this  act,  and  that 
the  voyage  agreed  for  is  not  finished,  altered,  or  the  contract 
otherwise  dissolved,  and  that  such  seaman  or  mariner  has 
deserted  the  ship  or  vessel,  or  absented  himself  without  leave, 
the  said  justice  shall  commit  him  to  the  house  of  correction 
or  common  jail  of  the  city,  town,  or  place,  there  to  remain 
until  the  said  ship  or  vessel  shall  be  ready  to  proceed  on  her 
voyage,  or  till  the  master  shall  require  his  discharge,  and  then 
to  be  delivered  to  the  said  master,  he  paying  all  the  cost  of 
such  commitment,  and  deducting  the  same  out  of  the  wages 
due  to  such  seaman  or  mariner.     Ibid.  §  7. 

§  67.  What  vessels  shall  be  provided  with  medicine  chests.  — 
Every  ship  or  vessel,  belonging  to  a  citizen  or  citizens  of  the 
United  States,  of  the  burden  of  one  hundred  and  fifty  tuns  or 
upward,  navigated  by  ten  or  more  persons  in  the  whole,  and 
bound  on  a  voyage  without  the  limits  of  the  United  States, 
shall  be  provided  with  a  chest  of  medicines,  put  up  by  some 
apothecary  of  known  reputation,  and  accompanied  by  direc- 
tions for  administering  the  same ;  and  the  said  medicines  shall 
be  examined  by  the  same  or  some  other  apothecary  once,  at 
least,  in  every  year,  and  supplied  with  fresh  medicines  in 


SEAMEN  IN  THE  MERCHANT  SERVICE.  63 

the  place  of  such  as  shall  have  been  used  or  spoiled  ;  and  in 
default  of  having  such  medicine  chest  so  provided  and  kept 
fit  for  use,  the  master  or  commander  of  such  ship  or  vessel 
shall  provide  and  pay  for  all  such  advice,  medicine,  or  attend- 
ance of  physicians,  as  any  of  the  crew  shall  stand  in  need  of, 
in  case  of  sickness,  at  every  port  or  place  where  the  ship  or 
vessel  may  touch  or  trade  at  during  the  voyage,  without  any 
deduction  from  the  wages  of  such  sick  seaman  or  mariner.1 
Ibid.  §  8. 

§  68.  Vessels  required  to  have  certain  quantities  of  water 
and  provisions.  —  Every  ship  or  vessel,  belonging  as  afore- 
said, bound  on  a  voyage  across  the  Atlantic  Ocean,  shall,  at 
the  time  of  leaving  the  last  port  from  whence  she  sails,  have 
on  board,  well  secured  under  deck,  at  least  sixty  gallons  of 
water,  one  hundred  pounds  of  salted  flesh  meat,  and  one  hun- 
dred pounds  of  wholesome  shipbread,  for  every  person  on 
board  such  ship  or  vessel,  over  and  besides  such  other  pro- 
visions, stores,  and  live  stock,  as  shall,  by  the  master  or  pas- 
sengers, be  put  on  board,  and  in  like  proportion  for  shorter  or 
longer  voyages ;  and  in  case  the  crew  of  any  ship  or  vessel, 
which  shall  not  have  been  so  provided,  shall  be  put  upon  short 
allowance  in  water,  flesh,  or  bread,  during  the  voyage,  the 
master  or  owner  of  such  ship  or  vessel  shall  pay,  to  each  of 
the  crew,  one  day's  wages  beyond  the  wages  agreed  on,  for 
every  day  they  shall  be  so  put  to  short  allowance,  to  be  recov- 
ered in  the  same  manner  as  their  stipulated  wages.    Ibid.  §  9. 

§  69.  Collectors  to  register  seamen  and  grant  protections.  — 
The  collector  of  every  district  shall  keep  a  book  or  books,  in 
which,  at  the  request  of  any  seaman,  being  a  citizen  of  the 
United  States  of  America,  and  producing  proof  of  his  citizen- 
ship, authenticated  in  the  manner  hereinafter  directed,  he  shall 
enter  the  name  of  such  seaman,  and  shall  deliver  to  him  a 
certificate,  in  the  following  form,  that  is  to  say  :  "  I,  A.  B., 
collector  of  the  district  of  D.,  do  hereby  certify  that  E.  F.,  an 

American  seaman,  aged years,  or  thereabout,  of  the  hight 

of feet inches,  [describing  the  said  seaman  as  par- 
ticularly as  may  be,]  has  this  day  produced  to  me  proof, 
in  the  manner  directed  in  the  act  entitled  'An  act  for  the 
relief  and  protection  of  American  seamen ; '  and,  pursuant 
to  the  said  act,  I  do  hereby  certify  that  the  said  E.  F.  is  a 

1  By  the  act  of  March  2,  1805,  the  provisions  of  this  section  are  extended 
to  all  merchant  vessels  of  the  burden  of  seventy-five  tuns  or  upward,  navi- 
gated with  six  persons  or  more  in  the  whole,  and  bound  from  the  United 
States  to  any  port  or  ports  in  the  West  Indies. 


64  SEAMEN  IN  THE   MERCHANT  SERVICE. 

citizen  of  the  United  States  of  America  :  In  witness  whereof 

I  have  hereunto  set  my  hand  and  seal  of  office,  this  

day  of ." x     Act  May  28,  1796,  §  1. 

§  70.  Master  of  vessel  arriving  from  foreign  port  to  pay 
twenty  cents  per  month  for  each  seaman  employed.  —  The 
master  or  owner  of  every  ship  or  vessel  of  the  United  States, 
arriving  from  a  foreign  port  into  any  port  of  the  United  States, 
shall,  before  such  ship  or  vessel  shall  be  admitted  to  an  entry, 
render  to  the  collector  a  true  account  of  the  number  of  seamen 
that  shall  have  been  employed  on  board  such  vessel  since  she 
was  last  entered  at  any  port  in  the  United  States,  and  shall 
pay  to  the  said  collector  at  the  rate  of  twenty  cents  per 
month  for  every  seaman  so  employed ;  which  sum  he  is 
hereby  authorized  to  retain  out  of  the  wages  of  such  seaman.2 
Act  July  16,  1798,  §  1. 

§  71.  Master  of  vessel  in  coasting  trade  to  render  account 
of  men  employed,  and  pay  like  sum.  —  No  collector  shall  grant 
to  any  ship  or  vessel  whose  enrollment  or  license  for  carrying 
on  the  coasting  trade  has  expired,  a  new  enrollment  or  license, 
before  the  master  of  such  ship  or  vessel  shall  first  render  a 
true  account,  to  the  collector,  of  the  number  of  seamen,  and 
the  time  they  have  severally  been  employed  on  board  such 
ship  or  vessel,  during  the  continuance  of  the  license  which  has 
so  expired,  and  pay  to  such  collector  twenty  cents  per  month 
for  every  month  such  seamen  have  been  severally  employed 
as  aforesaid  ;  which  sum  the  said  master  is  hereby  authorized 
to  retain  out  of  the  wages  of  such  seamen.  And  if  any  such 
master  shall  render  a  false  account  of  the  number  of  men,  and 
the  length  of  time  they  have  been  severally  employed,  as 
is  herein  required,  he  shall  forfeit  and  pay  one  hundred 
dollars.     Ibid.  §  2. 

§  72.  President  authorized  to  provide  for  temporary  relief 
of  disabled  seamen.  —  It  shall  be  the  duty  of  the  several  col- 
lectors to  make  a  quarterly  return  of  the  sums  collected  by 
them,  respectively,  by  virtue  of  this  act,  to  the  Secretary  of 
the  Treasury ;  and  the  President  of  the  United  States  is  hereby 
authorized,  out  of  the  same,  to  provide  for  the  temporary 

1  Negroes  are  not  entitled  to  protections  under  this  act.  Treasury  Decis- 
ion. —  As  "  persons  of  color,  natives  of  the  United  States,"  may  legally  be 
employed  on  board  vessels  of  the  United  States,  it  would  seem  that  certifi- 
cates setting  forth  the  fact  of  their  nativity  might  properly  be  granted ;  and 
such  is  the  practice  in  some  of  the  ports. 

2  By  the  act  of  March  1,  1843,  the  provisions  of  this  act  were  extended  to 
the  masters,  owners,  and  seamen  of  registered  vessels  employed  in  the 
coasting  trade. 


SEAMEN   IN   THE   MERCHANT   SERVICE.  65 

relief  and  maintenance  of  sick  or  disabled  seamen,  in  the 
hospitals,  or  other  proper  institutions  now  established  in  the 
several  ports  of  the  United  States,  or  in  ports  where  no  such 
institutions  exist,  then  in  such  other  manner  as  he  shall  direct. 
Ibid.  §  3. 

§  73.  Seamen  discharged  in  foreign  country  to  receive  extra 
pay.  —  Whenever  a  ship  or  vessel,  belonging  to  a  citizen  of 
the  United  States,  shall  be  sold  in  a  foreign  country,  and  her 
company  discharged,  or  when  a  seaman  or  mariner,  a  citizen 
of  the  United  States,  shall,  with  his  own  consent,  be  discharged 
in  a  foreign  country,  it  shall  be  the  duty  of  the  master  or 
commander  to  produce  to  the  consul,  vice-consul,  commercial 
agent,  or  vice-commercial  agent,  the  list  of  his  ship's  company, 
certified  as  aforesaid,  and  to  pay  to  such  consul,  vice-consul, 
commercial  agent,  or  vice-commercial  agent,  for  every  seaman 
or  mariner  so  discharged,  being  designated  on  such  list  as  a 
citizen  of  the  United  States,  three  months'  pay,  over  and 
above  the  wages  which  may  then  be  due  to  such  mariner  or 
seaman,  two  thirds  thereof  to  be  paid  by  such  consul  or  com- 
mercial agent  to  each  seaman  or  mariner  so  discharged,  upon 
his  engagement  on  board  of  any  vessel  to  return  to  the  United 
States,  and  the  other  remaining  third  to  be  retained  for  the 
purpose  of  creating  a  fund  for  the  payment  of  the  passages  of 
seamen  or  mariners,  citizens  of  the  United  States,  who  may 
be  desirous  of  returning  to  the  United  States,  and  for  the 
maintenance  of  American  seamen  who  may  be  destitute,  and 
may  be  in  such  foreign  port.     Act  Feb.  28,  1803,  §  3. 

§  74.  Provision  for  seamen  found  destitute  in  foreign  port. 
—  It  shall  be  the  duty  of  the  consuls,  vice-consuls,  commercial 
agents,  vice-commercial  agents  of  the  United  States,  from 
time  to  time,  to  provide  for  the  mariners  and  seamen  of  the 
United  States,  who  may  be  found  destitute  within  their  dis- 
tricts, respectively,  sufficient  subsistence  and  passages  to  some 
port  in  the  United  States,  in  the  most  reasonable  manner,  at 
the  expense  of  the  United  States,  subject  to  such  instructions 
as  the  Secretary  of  State  shall  give;  and  all  masters  and 
commanders  of  vessels  belonging  to  citizens  of  the  United 
States,  and  bound  to  some  port  of  the  same,  are  hereby  re- 
quired and  enjoined  to  take  such  mariners  or  seamen  on  board 
of  their  ships  or  vessels,  at  the  request  of  the  said  consuls, 
vice-consuls,  commercial  agents,  or  vice-commercial  agents, 
respectively,  and  to  transport  them  to  the  port  in  the  United 
States  to  which  such  ships  or  vessels  may  be  bound,  on  such 
terms,  not  exceeding  ten  dollars  for  each  person,  as  may  be 


66  SEAMEN  IN   THE  MERCHANT   SERVICE. 

agreed  between  the  said  master  and  consul,  or  commercial 
agent.  And  the  said  mariners  or  seamen  shall,  if  able,  be 
bound  to  do  duty  on  board  such  ships  or  vessels,  according  to 
their  several  abilities  :  Provided,  That  no  master  or  captain 
of  any  ship  or  vessel  shall  be  obliged  to  take  a  greater  num- 
ber than  two  men  to  every  one  hundred  tuns  burden  of  the 
said  ship  or  vessel,  on  any  one  voyage  ;  and  if  any  such  cap- 
tain or  master  shall  refuse  the  same,  on  request  or  order  of 
the  consul,  vice-consul,  commercial  agent,  or  vice-commercial 
agent,  such  captain  or  master  shall  forfeit  and  pay  the  sum  of 
one  hundred  dollars  for  each  mariner  or  seaman  so  refused,  to 
be  recovered,  for  the  benefit  of  the  United  States,  in  any  court 
of  -competent  jurisdiction.  And  the  certificate  of  any  such 
consul  or  commercial  agent,  given  under  his  hand  and  official 
seal,  shall  be  prima  facie  evidence  of  such  refusal,  in  any 
court  of  law  having  jurisdiction  for  the  recovery  of  the  pen- 
alty aforesaid.     Ibid.  §  4. 

§  75.  Duplicate  list  of  crew  to  be  fair  copy.  —  The  dupli- 
cate list  of  the  crew  of  any  vessel  bound  on  a  foreign  voyage, 
made  out  pursuant  to  the  act  of  February  28, 1803,  shall  be 
a  fair  copy  in  one  uniform  handwriting,  without  erasure  or 
interlineation.     Act  July  20,  1840,  §  1. 

§  76.  Owner  to  obtain  certified  copy  of  shipping  articles.  — 
It  shall  be  the  duty  of  the  owners  of  every  such  vessel  to  ob- 
tain from  the  collector  of  the  custom^  of  the  district  from 
which  the  clearance  is  made,  a  true  and  certified  copy  of  the 
shipping  articles,  containing  the  names  of  the  crew,  which 
shall  be  written  in  a  uniform  hand,  without  erasures  or  inter- 
lineations.    Ibid.  §  2. 

§  77.  These  documents  to  be  deemed  to  contain  all  conditions 
of  contract.  —  These  documents,  which  shall  be  deemed  to 
contain  all  the  conditions  of  contract  with  the  crew  as  to  their 
service,  pay,  voyage,  and  all  other  things,  shall  be  produced 
by  the  master,  and  laid  before  any  consul,  or  other  commer- 
cial agent  of  the  United  States,  whenever  he  may  deem  their 
contents  necessary  to  enable  him  to  discharge  the  duties  im- 
posed upon  him  by  law  towards  any  mariner  applying  to  him 
for  his  aid  or  assistance.     Ibid.  §  3. 

§  78.  All  interlineations,  fyc,  to  be  deemed  fraudulent.  — 
All  interlineations,  erasures,  or  writing  in  a  hand  different 
from  that  in  which  such  duplicates  were  originally  made,  shall 
be  deemed  fraudulent  alterations,  working  no  change  in  such 
papers,  unless  satisfactorily  explained  in  a  manner  consistent 
with  innocent  purposes  and  the  provisions  of  law  which  guard 
the  rights  of  mariners.     Ibid.  §  4. 


SEAMEN  IN  THE  MERCHANT   SERVICE.  67 

§  79.  On  application  of  both  master  and  seaman,  consul 
may  discharge.  —  Any  consul  of  the  United  States,  and  in 
case  there  is  none  resident  at  a  foreign  port,  or  he  is  unable 
to  discharge  his  duties,  then  any  commercial  agent  of  the 
United  States  authorized  to  perform  such  duties,  may,  upon 
the  application  of  both  the  master  and  any  mariner  of  the 
vessel  under  his  command,  discharge  such  mariner,  if  he 
thinks  it  expedient,  without  requiring  the  payment  of  three 
months'  wages,  under  the  provisions  of  the  act  of  February 
28,  1803,  or  any  other  sum  of  money.  Any  consul,  or  other 
commercial  agent,  may  also,  on  such  joint  application,  dis- 
charge any  mariner  on  such  terms  as  will,  in  his  judgment, 
save  the  United  States  from  the  liability  to  support  such 
mariner,  if  the  master  gives  his  voluntary  assent  to  such 
terms,  and  conforms  thereto.     Ibid.  §  5,  6. 

§  80.  Discharge  to  be  noted  on  crew  list  and  articles.  — 
When  a  mariner  is  so  discharged,  the  officer  discharging  him 
shall  make  an  official  entry  thereof  upon  the  list  of  the  crew 
and  the  shipping  articles.     Ibid.  §  7. 

§  81.  Seamen  how  shipped  in  foreign  ports.  —  "Whenever 
any  master  shall  ship  a  mariner  in  a  foreign  port,  he  shall 
forthwith  take  the  list  of  his  crew  and  the  duplicate  of  the 
shipping  articles  to  the  consul,  or  person  who  discharges  the 
duties  of  the  office  at  that  port,  who  shall  make  the  proper 
entries  thereon,  setting  forth  the  contract,  and  describing  the 
person  of  the  mariner;  and  thereupon  the  bond  originally 
given  for  the  return  of  the  men  shall  embrace  each  person  so 
shipped.     Ibid.  §  8. 

§  82.  When  voyage  is  continued  contrary  to  agreement, 
consul  may  discharge.  —  When  any  mariner  shall  complain 
that  the  voyage  is  continued  contrary  to  his  agreement,  or 
that  he  has  fulfilled  his  contract,  the  consul,  or  other  com- 
mercial agent  performing  like  duties,  may  examine  into  the 
same  by  an  inspection  of  the  articles  of  agreement ;  and  if  on 
the  face  of  them  he  finds  the  complaint  to  be  well  founded,  he 
shall  discharge  the  mariner  if  he  desires  it,  and  require  of  the 
master  an  advance,  beyond  the  lawful  claims  of  such  mariner, 
of  three  months'  wages,  as  provided  in  the  act  of  February 
28,  1803  ;  and  in  case  the  lawful  claims  of  such  mariner  are 
not  paid  upon  his  discharge,  the  arrears  shall  from  that  time 
bear  an  interest  of  twenty  per  centum  :  Provided,  however,  If 
the  consul,  or  other  commercial  agent,  shall  be  satisfied  the 
contract  has  expired,  or  the  voyage  been  protracted  by  cir- 
cumstances beyond  the  control  of  the  master,  and  without  any 


68  SEAMEN  IN  THE  MERCHANT  SERVICE. 

design  on  his  part  to  violate  the  articles  of  shipment,  then  he 
may,  if  he  deems  it  just,  discharge  the  mariner  without  ex- 
acting the  three  months'  additional  pay.     Ibid.  §  9. 

§  83.  Shipments  contrary  to  this  act  void.  —  All  shipments 
of  seamen  made  contrary  to  the  provisions  of  this  and  other 
acts  of  Congress  shall  be  void ;  and  any  seaman  so  shipped 
may  leave  the  service  at  any  time,  and  demand  the  highest 
rate  of  wages  paid  to  any  seaman  shipped  for  the  voyage,  or 
the  sum  agreed  to  be  given  him  at  his  shipment.     Ibid.  §  10. 

§  84.  Consuls  to  discountenance  insubordination.  —  It  shall 
be  the  duty  of  consuls  and  commercial  agents  to  reclaim  de- 
serters and  discountenance  insubordination  by  every  means 
within  their  power ;  and  where  the  local  authorities  can  be 
usefully  employed  for  that  purpose,  to  lend  their  aid,  and  use 
their  exertions,  to  that  end,  in  the  most  effectual  manner. 
Ibid.  §  11. 

§  85.  Proceedings  when  a  vessel  is  unseaworthy.  —  If  the 
first  officer,  or  any  officer,  and  a  majority  of  the  crew  of  any 
vessel,  shall  make  complaint  in  writing  that  she  is  in  an  un- 
suitable condition  to  go  to  sea,  because  she  is  leaky,  or  insuf- 
ficiently supplied  with  sails,  rigging,  anchors,  or  any  other 
equipment,  or  that  the  crew  is  insufficient  to  man  her,  or  that 
her  provisions,  stores,  and  supplies  are  not,  or  have  not  been, 
during  the  voyage,  sufficient  and  wholesome,  thereupon,  in 
any  of  these  or  like  cases,  the  consul,  or  commercial  agent 
who  may  discharge  any  duties  of  a  consul,  shall  appoint  two 
disinterested,  competent,  practical  men,  acquainted  with  mari- 
time affairs,  to  examine  into  the  causes  of  complaint,  who 
shall  in  their  report  state  what  defects  and  deficiencies,  if  any, 
they  find  to  be  well  founded,  as  well  as  what,  in  their  judg- 
ment, ought  to  be  done  to  put  the  vessel  in  order  for  the  con- 
tinuance of  her  voyage.  The  inspectors  so  appointed  shall 
have  full  power  to  examine  the  vessel  and  whatever  is  aboard 
of  her,  as  far  as  is  pertinent  to  their  inquiry,  and  also  to  hear 
and  receire  any  other  proofs  which  the  ends  of  justice  may 
require  ;  and  if,  upon  a  view  of  the  whole  proceedings,  the 
consul,  or  other  commercial  agent,  shall  be  satisfied  therewith, 
he  may  approve  the  whole  or  any  part  of  the  report,  and  shall 
certify  such  approval,  and  if  he  dissents,  shall  also  certify  his 
reasons  for  so  dissenting.  The  inspectors  in  their  report  shall 
also  state  whether,  in  their  opinion,  the  vessel  was  sent  to  sea 
unsuitably  provided  in  any  important  or  essential  particular, 
by  neglect  or  design,  or  through  mistake  or  accident ;  and  in 
case  it  was  by  neglect  or  design,  and  the  consul,  or  other  com- 


SEAMEN  IN  THE  MERCHANT  SERVICE.  69 

mercial  agent,  approves  of  such  finding,  he  shall  discharge 
such  of  the  crew  as  require  it,  each  of  whom  shall  be  entitled 
to  three  months'  pay,  in  addition  to  his  wages  to  the  time  of 
discharge ;  but  if,  in  the  opinion  of  the  inspectors,  the  defects 
or  deficiencies  found  to  exist  have  been  the  result  of  mistake 
or  accident,  and  could  not,  in  the  exercise  of  ordinary  care, 
have  been  known  and  provided  against  before  the  sailing  of 
the  vessel,  and  the  master  shall,  in  a  reasonable  time,  remove 
or  remedy  the  causes  of  complaint,  then  the*  crew  shall  remain 
and  discharge  their  duty ;  otherwise  they  shall,  upon  their 
request,  be  discharged,  and  receive  each  one  month's  wages 
in  addition  to  the  pay  up  to  the  time  of  discharge.  The 
master  shall  pay  all  such  reasonable  charges  in  the  premises 
as  shall  be  officially  certified  to  him  under  the  hand  of  the  con- 
sul, or  other  commercial  agent ;  but  in  case  the  inspectors  re- 
port that  the  complaint  is  without  any  good  and  sufficient  cause, 
the  master  may  retain  from  the  wages  of  the  complainants,  in 
proportion  to  the  pay  of  each,  the  amount  of  such  charges, 
with  such  reasonable  damages  for  detention  on  that  account, 
as  the  consul,  or  other  commercial  agent,  directing  the  inquiry, 
may  officially  certify.     Ibid.  §  12-15. 

§  86.  Crew  to  have  fullest  liberty  to  lay  complaints  before 
consul.  —  The  crew  of  any  vessel  shall  have  the  fullest  liberty 
to  lay  their  complaints  before  the  consul  or  commercial  agent 
in  any  foreign  port,1  and  shall  in  no  respect  be  restrained  or 
hindered  therein  by  the  master  or  any  officer,  unless  some 
sufficient  and  valid  objection  exist  against  their  landing ;  in 
which  case,  if  any  mariner  desire  to  see  the  consul  or  com- 
mercial agent,  it  shall  be  the  duty  of  the  master  to  acquaint 
him  with  it  forthwith,  stating  the  reason  why  the  mariner 
is  not  permitted  to  land,  and  that  he  is  desired  to  come  on 
board  ;  whereupon  it  shall  be  the  duty  of  such  consul  or  com- 
mercial agent  to  repair  on  board  and  inquire  into  the  causes 
of  the  complaint,  and  to  proceed  thereon  as  this  act  directs. 
Ibid.  §16. 

§  87.  When  deserters  are  apprehended,  consul  to  inquire 
into  facts,  and  authorized  to  discharge  in  case  of  cruel  treat- 
ment. —  In  all  cases  where  deserters  are  apprehended,  the 
consul  or  commercial  agent  shall  inquire  into  the  facts ;  and 
if  satisfied  that  the  desertion  was  caused  by  unusual  or  cruel 

1  This  applies  only  to  such  causes  of  complaint  as  are  specified  in  the  act, 
viz. :  that  the  mariner  is  detained  contrary  to  his  agreement,  that  the  vessel 
is  unseaworthy,  Szc,  and  not  to  affrays  or  quarrels  between  the  officers  and 
crew.    1  Curtis,  70. 


70  SEAMEN  IN   THE   MERCHANT  SERVICE. 

treatment,  the  mariner  shall  be  discharged,  and  receive,  in 
addition  to  his  wages  to  the  time  of  the  discharge,  three 
months'  pay ;  and  the  officer  discharging  him  shall  enter  upon 
the  crew  list  and  shipping  articles  the  cause  of  discharge,  and 
the  particulars  in  which  the  cruelty  or  unusual  treatment  con- 
sisted, and  subscribe  his  name  thereto  officially.     Ibid.  §  17. 

§  88.  Vessel  proceeding  to  sea  without  documents  required, 
liable  to  fine.  —  If  any  master  of  a  vessel  shall  proceed  on  a 
foreign  voyage  witHout  the  documents  herein  required,  or  re- 
fuse to  produce  them  when  required,  or  to  perform  the  duties 
imposed  by  this  act,  or  shall  violate  the  provisions  thereof,  he 
shall  be  liable  to  each  and  every  individual  injured  thereby, 
in  damages,  and  shall,  in  addition  thereto,  be  liable  to  pay  a 
fine  of  one  hundred  dollars  for  each  and  every  offense,  to  be 
recovered  by  any  person  suing  therefor  in  any  court  of  the 
United  States  in  the  district  where  such  delinquent  may  reside 
or  be  found.     Ibid.  §  19. 

§  89.  Wages  of  seamen  deserting  forfeited  to  United  States. 
—  Whenever  any  seaman  or  mariner  of  any  vessel  of  the 
United  States  shall  desert  such  vessel,  the  master  or  com- 
mander of  such  vessel  shall  note  the  fact  and  date  of  such 
desertion  on  the  list  of  the  crew,  and  the  same  shall  be 
officially  authenticated  at  the  port  or  place  of  the  consulate  or 
commercial  agency  first  visited  by  such  vessel  after  such  de- 
sertion, if  such  desertion  shall  have  occurred  in  a  foreign 
country ;  or  if,  in  such  case,  such  vessel  shall  not  visit  any 
place  where  there  shall  be  any  consulate  or  commercial 
agency,  before  her  return  to  the  United  States,  or  the  desertion 
shall  have  occurred  in  this  country,  the  fact  and  time  of  such 
desertion  shall  be  officially  authenticated  before  a  notary  pub- 
lic immediately  at  the  first  port  or  place  where  such  vessel 
shall  arrive  after  such  desertion ;  and  all  wages  that  may  be 
due  to  such  seaman  or  mariner,  and  whatever  interest  he  may 
have  in  the  cargo  of  such  vessel,  shall  be  forfeited  to,  and  be- 
come the  property  of,  the  United  States,  and  paid  over  for 
their  use  to  the  collector  of  the  port  where  the  crew  of  such 
vessel  are  accounted  for,  as  soon  as  the  same  can  be  ascer- 
tained ;  first  deducting  therefrom  any  expense  which  may 
necessarily  have  been  incurred  on  account  of  such  vessel,  in 
consequence  of  such  desertion  ;  and  in  settling  the  account  of 
such  wages  or  interest,  no  allowance  or  deduction  shall  be 
made  except  for  moneys  actually  paid,  or  goods  at  a  fair  price 
supplied,  or  expenses  incurred  to,  or  for,  such  seaman  or  mari- 
ner, any  receipt  or  voucher  from,  or  arrangement  with  such 


SEAMEN  IN   THE  MERCHANT  SERVICE.  71 

seaman    or  manner,  to   the  contrary  notwithstanding.     Act 
August  18,  1856,  §  25. 

§  90.  Seaman  may  be  discharged,  if  entitled  under  general 
principles  or  usages  of  maritime  law.  —  Upon  the  application 
of  any  seaman  or  mariner  for  a  discharge,  if  it  shall  appear  to 
the  consular  officer  that  he  is  entitled  to  his  discharge  under 
any  act  of  Congress,  or  according  to  the  general  principles  or 
usages  of  maritime  law,  as  recognized  in  the  United  States,  he 
shall  discharge  such  seaman  or  mariner,  and  shall  require 
from  the  master  or  commander  of  the  ship  or  vessel  from 
which  such  discharge  shall  be  made,  the  payment  of  three 
months'  extra  wages  ;  and  it  shall  be  the  duty  of  such  master 
or  commander  to  pay  the  same,  and  no  such  payment,  or  any 
part  thereof,  shall  be  remitted  in  any  case,  except  such  as 
are  mentioned  in  the  proviso  of  the  ninth  clause  of  the  act 
entitled  "An  act  in  addition  to  the  several  acts  regulating  the 
shipment  and  discharge  of  seamen  and  the  duties  of  consuls," 
approved  July  20,  1840,  and  as  hereinafter  provided ;  and  if 
any  consular  officer,  when  discharging  any  seaman  or  mariner,  . 
shall  neglect  to  require  the  payment  of,  and  collect,  the  extra 
wages  required  to  be  paid  in  the  case  of  the  discharge  of  any 
seaman  or  mariner,  he  shall  be  accountable  to  the  United 
States  for  the  full  amount  of  their  share  of  such  wages,  and 
to  such  seaman  or  mariner  to  the  full  amount  of  his  share 
thereof;  and  if  any  seaman  or  mariner  shall,  after  his  dis- 
charge, have  incurred  any  expense  for  board  or  other  neces- 
saries at  the  port  or  place  of  his  discharge  before  shipping 
again,  such  expense  shall  be  paid  out  of  the  share  of  the  three 
months'  wages  to  which  he  shall  be  entitled,  which  shall  be 
retained  for  that  purpose,  and  the  balance  only  paid  over  to 
him :  Provided,  however,  That  in  cases  of  wrecked  or  stranded 
ships  or  vessels,  or  ships  or  vessels  condemned  as  unfit  for 
service,  no  payment  of  extra  wages  shall  be  required.1  Act 
August  18,  1856,  §  26. 

1  By  the  twenty-eighth  section  of  this  act,  consuls  are  authorized  and 
required,  in  case  of  refusal  on  the  part  of  any  master  to  make  payment  as 
above  provided,  to  retain  in  their  possession  all  the  ship's  papers  until 
payment  shall  be  made. 


72  LAWS   EELATING   TO   NAVIGATION. 


LAWS  EELATING  TO  NAVIGATION. 

§  91.  Duty  on  tunnage  of  vessels  in  the  foreign  trade. — 
On  ships  or  vessels,  built  within  the  United  States,  but  be- 
longing wholly  or  in  part  to  subjects  of  foreign  powers,  which 
shall  be  entered  in  the  United  States  from  any  foreign  port  or 
place,  there  shall  be  paid  a  duty  of  thirty  cents  per  tun;1 
on  other  ships  or  vessels,  fifty  cents  per  tun.2  Act  July  20, 
1790,  §  1. 

§  92.  Duty  on  tunnage  of  vessels  in  the  coasting  trade.  — 
On  every  ship  or  vessel,  not  of  the  United  States,  which  shall 
be  entered  in  one  district  from  another  district,  having  on 
board  goods,  wares,  and  merchandise  taken  in  one  district 
to  be  delivered  in  another  district,  there  shall  be  paid  at  the 
rate  of  fifty  cents  per  tun.3     Ibid.  §  2. 

§  93.  Vessels  not  of  the  United  States  to  pay  light  money.  — 
A  duty  of  fifty  cents  per  tun,  to  be  denominated  "  light  money," 
shall  be  levied  and  collected  on  all  ships  or  vessels  not  of  the 
United  States,  which  may  enter  the  ports  of  the  United  States.4 
Act  March  27,  1804,  §  6. 

§  94.  Foreign  vessels  from  ports  not  open  to  vessels  of  the 
United  States  to  pay  extra  duty.* —  On  all  foreign  ships  or 
vessels  which  shall  be  entered  in  the  United  States  from  any 
foreign  port  or  place,  to  and  with  which  vessels  of  the  United 
States  are  not  ordinarily  permitted  to  go  and  trade,  there  shall 
be  paid  a  duty  at  the  rate  of  two  dollars  per  tun.  Act  January 
14,  1817,  §  2. 

§  95.  What  vessels  may  import  foreign  goods.  —  No  goods, 
wares,  or  merchandise  shall  be  imported  into  the  United  States 
from  any  foreign  port  or  place,  except  in  vessels  of  the  United 
States,  or  in  such  foreign  vessels  as  truly  and  wholly  belong 

1  This  provision  is  applicable  now  only  to  vessels  (if  such  there  be)  sailing 
under  certificates  of  record. 

2  Not  of  the  United  States,  not  equalized,  and  not  especially  provided  for 
by  treaty  stipulation  or  law. 

3  The  coasting  trade  having  been  closed  by  the  act  of  March  1,  1817, 
against  vessels  belonging  wholly  or  in  part  to  subjects  of  foreign  powers, 
this  provision  is  only  applicable  to  foreign-built  vessels  owned  wholly  by 
citizens  of  the  United  States,  sailing  under  certified  bills  of  sale,  and  vessels 
of  the  United  States  not  manned  by  three  fourths  American  seamen. 

4  Suspended  by  the  act  of  May  31,  1830,  in  respect  to  vessels  of  such 
foreign  nations  as  shall  have  abolished  discriminating  or  countervailing  duties 
so  far  as  they  operate  to  the  disadvantage  of  the  United  States. 


LAWS  RELATING   TO   NAVIGATION.  73 

to  the  citizens  or  subjects  of  that  country  of  which  the  goods 
are  the  growth,  production,  or  manufacture,  or  from  which 
such  goods,  wares,  or  merchandise  can  only  be,  or  most  usually 
are,  first  shipped  for  transportation :  Provided,  nevertheless, 
That  this  regulation  shall  not  extend  to  the  vessels  of  any 
foreign  nation  which  has  not  adopted,  and  which  shall  not 
adopt,  a  similar  regulation.     Act  March  1,  1817,  §  1 

§  9G.  Goods  imported,  and  vessel  importing  them,  contrary 
to  foregoing  provision,  to  he  forfeited.  —  All  goods,  wares, 
or  merchandise  imported  into  the  United  States  contrary  to 
the  true  intent  and  meaning  of  this  act,  and  the  ship  or  vessel 
wherein  the  same  shall  be  imported,  together  with  her  cargo, 
tackle,  apparel,  and  furniture,  shall  be  forfeited  to  the  United 
States.     Ibid.  §  2. 

§  97.  Fishing  vessels,  to  be  entitled  to  bounty,  must  have 
crews  consisting  of  three  fourths  American  citizens.  —  The 
bounties  and  allowances  now  granted  by  law  to  the  owners  of 
boats  or  vessels  engaged  in  the  fisheries  shall  be  paid  only  on 
boats  or  vessels,  the  officers  and  at  least  three  fourths  of  the 
crews  of  which  shall  be  proved,  to  the  satisfaction  of  the  col- 
lector of  the  district  where  such  boat  or  vessel  shall  belong, 
to  be  citizens  of  the  United  States,  or  persons  not  the  subjects 
of  any  foreign  prince  or  state.     Ibid.  §  3. 

§  98.  Coasting  trade  restricted  to  vessels  of  the  United 
States.  —  No  goods,  wares,  or  merchandise  shall  be  imported, 
under  penalty  of  forfeiture  thereof,  from  one  port  of  the  United 
States  to  another  port  of  the  United  States,  in  a  vessel  belong- 
ing wholly  or  in  part  to  a  subject  of  any  foreign  power ;  but 
this  clause  shall  not  be  construed  to  prohibit  the  sailing  of  any 
foreign  vessel  from  one  to  another  port  of  the  United  States, 
provided  no  goods,  wares,  or  merchandise,  other  than  those 
imported  in  such  vessel  from  some  foreign  port,  and  which 
shall  not  have  been  unladen,  shall  be  carried  from  one  port  or 
place  to  another  in  the  United  States.1     Ibid.  §  4. 

§  99.  Vessels  of  the  United  States  employed  in  the  coast- 
ing trade  to  pay  tunnage  duty  when  not  manned  by  three 
fourths  American  citizens.  —  There  shall  be  paid  a  duty  of 

1  Neither  can  it  be  construed  to  prevent  a  foreign  vessel  from  sailing 
between  such  ports,  either  in  ballast  or  to  complete  a  cargo,  part  of  which 
is  taken  in  at  one  port  and  the  residue  at  another,  for  the  purpose  of  being 
exported  from  the  United  States.  This  would  be  a  legitimate  voyage,  upon 
which  this  clause  would  not  operate.  Opin.  Atty.  Gen.  I.  795,  and  Gen. 
.Reg.  Art.  951.  —  Foreign  vessels,  except  steamboats  employed  on  rivers 
and  bays,  &c,  may  carry  passengers  from  port  to  port  in  the  United  States. 
Opin.  Atty.  Gen. 

7 


74  LAWS   RELATING   TO   NAVIGATION. 

fifty  cents  per  tun  upon  every  ship  or  vessel  of  the  United 
States  which  shall  be  entered  in  a  district  in  one  state  from  a 
district  in  another  state,  except  it  be  an  adjoining  state  on  the 
sea  coast,  or  on  a  navigable  river  or  lake,  and  except  also  it 
be  a  coasting  vessel  going  from  Long  Island,  in  the  state  of 
New  York,  to  the  State  of  Rhode  Island,  or  from  the  State  of 
Rhode  Island  to  the  said  Long  Island,  having  on  board  goods, 
wares,  and  merchandise,  taken  in  one  state  to  be  delivered  in 
another  state :  Provided,  That  it  shall  not  be  paid  on  any  ship 
or  vessel  having  a  license  to  trade  between  the  different  dis- 
tricts of  the  United  States,  or  to  carry  on  the  bank  or  whale 
fisheries,  more  than  once  a  year  :  And  provided  also,  That  if 
the  owner  of  any  such  vessel,  or  his  a^ent,  shall  prove,  to  the 
satisfaction  of  the  collector,  that  three  fourths  at  least  of  the 
crew  thereof  are  American  citizens,  or  persons  not  the  subjects 
of  any  foreign  prince  or  state,  the  duty  to  be  paid  in  such  case 
shall  be  only  at  the  rate  of  six  cents  per  tun.1     Ibid.  §  5. 

1  Duties  of  tunnage  on  vessels  of  the  United  States  having  been  discon- 
tinued by  the  act  of  May  31, 1830,  in  respect  to  vessels  officered  and  manned 
by  a  certain  proportion  of  American  citizens,  this  proviso  is  in  part  inoper- 
ative, no  tunnage  duty  being  now  demandable  if  the  crew  be  composed  of 
three  fourths  American  citizens ;  if  otherwise,  a  duty  of  fifty  cents  per  tun 
is  required  to  be  levied. 

Tunnage  duties  and  light  money  now  attach  on  foreign  vessels,  and 
vessels  of  the  United  States,  under  the  following  circumstances,  and  at  the 
following  rates :  — 

1.  On  foreign  vessels,  (except  vessels  of  nations  granting  to  vessels  of 
the  United  States  the  same  privileges  as  national  vessels  in  respect  to  duty 
on  tunnage,)  and  on  vessels  sailing  under  certificates  of  record,  on  entry 
from  ports  and  places  to  and  with  which  vessels  of  the  United  States  are 
not  ordinarily  permitted  to  go  and  trade,  — 

Tunnage  duty,  per  tun, $2.00 

Light  money,     "     " .50 

2.  On  vessels  owned  by  citizens  of  the  United  States,  but  not  provided 
with  certificates  of  registry,  on  entry  as  above,  if  in  ballast  only  or  with 
passengers,  without  cargo,  — 

Tunnage  duty,  per  tun $2.00 

Light  money,     "     " .50 

3.  On  vessels  sailing  under  certificates  of  record,  on  entry  from  ports  or 
places  with  which  vessels  of  the  United  States  are  permitted  to  go  and 
trade,  — 

Tunnage  duty,  per  tun, 30  cents. 

Light  money,     **   .  **  50     " 

4.  On  foreign  vessels,  (except  vessels  of  nations  granting  to  vessels  of 
the  United  States  the  same  privileges  as  national  vessels  in  respect  to  duty 
on  tunnage,)  unless  otherwise  provided  by  treaty  or  special  legislation,  on 
entry  as  above,  — 

Tunnage  duty,  per  tun, 50  cents. 

Light  money,     "     "  50     " 

5.  On  vessels  owned  by  citizens  of  the  United  States,  but  not  provided 


LAWS   RELATING   TO    NAVIGATION.  75 

§  100.  Vessels  of  the  United  States  arriving  from  foreign 
ports  to  pay  tunnage  duty,  unless  all  the  officers  and  two  thirds 
of  the  crew  be  American  citizens.  —  There  shall  be  paid  upon 
every  ship  or  vessel  of  the  United  States,  which  shall  be  en- 
tered in  the  United  States,  from  any  foreign  port  or  place, 
unless  the  officers,  and  at  least  two  thirds  of  the  crew  thereof, 
shall  be  proved  citizens  of  the  United  States,  or  persons  not 
the  subjects  of  any  foreign  prince  or  state,  to  the  satisfaction 
of  the  collector,  fifty  cents  per  tun.     Ibid.  §  6. 

§  101.  In  what  cases  these  duties  may  be  abated.  —  The 
several  bounties  and  remissions,  or  abatements  of  duty,  al- 
lowed by  this  act,  in  the  case  of  vessels  having  a  certain 
proportion  of  seamen  who  are  American  citizens,  or  persons  not 
the  subjects  of  any  foreign  power,  shall  be  allowed  only  in  the 
case  of  vessels  having  such  proportion  of  American  seamen 
during  their  whole  voyage,  unless  in  case  of  sickness,  death,  or 
desertion,  or  where  the  whole  or  part  of  the  crew  shall  have 
been  taken  prisoners  in  the  voyage.1     Ibid.  §  7. 

with  certificates  of  registry,  on  entry  as  above,  if  in  ballast  only  or  with 
passengers,  without  cargo,  — 

Tunnage  duty,  per  tun, 50  cents. 

Light  money,     •'     "  50     " 

6.  On  registered  vessels  entering  from  a  foreign  port  or  place,  unless  the 
officers,  and  at  least  two  thirds  of  the  crew,  be  citizens  of  the  United  States, 
or  persons  not  the  subjects  of  a  foreign  power,  — 

Tunnage  duty,  per  tun, 50  cents. 

7-  On  registered  vessels,  on  entering  a  district  in  one  state  from  a  district 
in  another  state,  except  an  adjoining  state  on  the  sea  coast,  or  a  navigable 
river  or  lake,  having  on  board  goods  taken  in  one  state  to  be  delivered  in 
another  state,  unless  three  fourths  of  the  crew  thereof  be  American  citizens, 
or  persons  not  the  subjects  of  any  foreign  power,  — 

Tunnage  duty,  per  tun, 50  cents. 

8.  On  enrolled  and  licensed  vessels  for  the  coasting  trade  or  fisheries, 
(except  as  excepted  in  the  fifth  section  of  the  act  March  1,  1817,)  if  less 
than  three  fourths  of  the  crew  thereof  be  American  citizens,  — 

An  annual  duty  of 50  cents. 

1  The  discharge  of  seamen,  although  by  mutual  consent,  at  a  foreign  port, 
by  a  consular  officer  of  the  United  States,  will  not  exempt  the  vessel  from 
the  payment  of  this  duty.  The  only  exemption,  provided  by  law,  is  in 
cases  of  sickness,  death,  desertion,  or  capture  as  prisoners  of  war,  which 
must  be  certified  by  a  consul  of  the  United  States.  Gen.  Reg.  Art.  971.  —  So 
in  case  of  discharge  by  a  consul  or  commercial  agent,  in  the  several  contin- 
gencies provided  for  by  law,  on  the  application  of  the  seaman.  Nor  will  the 
exemption  obtain  in  the  cases  enumerated,  if  the  sickness,  death,  or  deser- 
tion happen  after  the  vessel  may  have  cleared,  but  before  she  has  actually  de- 
parted from  the  port  where  the  clearance  was  granted.  In  such  cases,  the 
facts  should  be  reported  to  the  collector,  the  requisite  proofs  be  produced, 
and  an  amended  crew  list  taken  out.  The  certificate  of  the  collector  of  the 
port,  in  the  United  States,  from  which  the  vessel  sailed,  or  of  the  consular 
officer  at  the  foreign  port  from  which  she  arrives,  that  American  seamen 


76  LAWS   RELATING   TO   NAVIGATION. 

§  102.  Tunnage  duties  on  vessels  of  the  United  States  dis- 
continued, except  in  certain  cases.  —  From  and  after  the  first 
day  of  April  next,  no  duties  upon  the  tunnage  of  the  ships 
and  vessels  of  the  United  States,  of  which  the  officers  and  two 
thirds  of  the  crew  shall  be  citizens  of  the  United  States,  shall 
be  levied  or  collected ;  and  all  acts  and  parts  of  acts  im- 
posing duties  upon  the  tunnage  of  ships  and  vessels  of  the 
United  States,  officered  and  manned  as  aforesaid,  so  far  as  the 
same  relate  to  the  imposition  of  such  duties,  shall,  from  and 
after  the  said  first  day  of  April  next,  be  repealed.  Act  May 
31,  1830,  §  1. 

§  103.  Tunnage  duties  on  foreign  vessels  discontinued  con- 
ditionally. —  From  and  after  the  said  first  day  of  April  next,  all 
acts  and  parts  of  acts  imposing  duties  upon  the  tunnage  of  the 
ships  and  vessels  of  any  foreign  nation,  so  far  as  the  same 
relate  to  the  imposition  of  such  duties,  shall  be  repealed : 
Provided,  That  the  President  of  the  United  States  shall  be 
satisfied  that  the  discriminating  or  countervailing  duties  of 
such  foreign  nation,  so  far  as  they  operate  to  the  disadvantage 
of  the  United  States,  have  been  abolished.     Ibid.  §  2. 

§  104.  Discriminating  duties  of  tunnage  and  impost  con- 
ditionally suspended.  —  Upon  satisfactory  evidence  being 
given  to  the  President  of  the  United  States,  by  the  govern- 
ment of  any  foreign  nation,  that  no  discriminating  duties  of 
tunnage  or  impost  are  imposed  or  levied  in  the  ports  of  the 
said  nation,  upon  vessels  wholly  belonging  to  citizens  of  the 
United  States,  or  upon  the  produce,  manufacture,  or  mer- 
chandise imported  in  the  same  from  the  United  States,  or 
from  any  foreign  country,  the  President  is  hereby  authorized 
to  issue  his  proclamation,  declaring  that  the  foreign  discrim- 
inating duties  of  tunnage  and  impost  within  the  United  States 
are,  and  shall  be,  suspended  and  discontinued,  so  far  as  re- 
spects the  vessels  of  the  said  foreign  nation,  and  the  produce, 
manufactures,  or  merchandise  imported  into  the  United  States 
in  the  same,  from  the  said  foreign  nation,  or  from  any  other 
foreign  country ;  the  said  suspension  to  take  effect  from  the 
time  of  such  notification  being  given  to  the  President  of  the 
United  States,  and  to  continue  so  long  as  the  reciprocal  ex- 
emption of  vessels  belonging  to  citizens  of  the  United  States, 

could  not  be  obtained,  is  useless  in  any  case.  Unless  the  deficiency  result 
from  one  of  the  causes  specified  in  the  law,  the  imposition  of  the  duty  is  im- 
perative ;  if  it  be  the  result  of  such  cause,  the  certificate  is  unnecessary.  It 
is  to  be  observed,  however,  that  no  particular  mode  of  proving  the  citizen- 
ship is  prescribed  by  the  act ;  any  evidence  satisfactory  to  the  collector  is 
sufficient. 


LAWS  RELATING  TO  NAVIGATION.  77 

and  their  cargoes  as  aforesaid,  shall  be  continued,  and  no 
longer.     Act  May  24,  1828,  §  1. 

§  105.  Goods  imported  in  foreign  vessels  to  pay,  in  certain 
cases,  discriminating  duty  of  ten  per  cent.  —  An  addition  often 
per  centum  shall  be  made  to  the  several  rates  of  duties  by  this 
act  imposed,  in  respect  to  all  goods,  wares,  and  merchandise, 
on  the  importation  of  which,  in  American  or  foreign  vessels, 
a  specific  discrimination  between  them  is  not  herein  made, 
which,  from  and  after  the  time  when  this  act  shall  take  effect 
and  go  into  operation,  shall  be  imported  in  ships  or  vessels 
not  of  the  United  States  ;  and  that  a  further  addition  of  ten 
per  centum  shall  be  made  to  the  several  rates  of  duties  im- 
posed by  this  act  on  all  goods,  wares,  and  merchandise,  which 
shall  be  imported  from  any  port  or  place  east  of  the  Cape  of 
Good  Hope,  in  foreign  vessels  :  Provided,  That  these  ad- 
ditional duties  shall  not  apply  to  goods,  wares,  or  merchandise 
which  shall  be  imported,  after  the  day  that  this  act  goes  into 
operation,  in  ships  or  vessels  not  of  the  United  States,  entitled 
by  treaty,  or  by  any  act  or  acts  of  Congress,  to  be  entered 
in  the  ports  of  the  United  States,  on  the  payment  of  the  same 
duties  as  shall  then  be  paid  on  goods,  wares,  or  merchandise 
imported  in  ships  or  vessels  of  the  United  States.  Act  August 
30,  1842,  §11. 

§  106.  Additional  duty  on  imposts  in  foreign  vessels  not  to 
■be  remitted  on  exportation.  —  In  case  of  the  reexportation  from 
the  United  States  of  goods,  wares,  and  merchandise  imported 
thereinto  in  foreign  ships  or  vessels,  no  part  of  the  additional 
duty  imposed  by  law  on  such  goods,  wares,  and  merchandises, 
on  account  of  their  importation  in  such  ships  or  vessels,  shall 
be  allowed  to  be  drawback ;  but  that  the  whole  of  the  said 
additional  duty  shall  be  retained.1     Act  May  13,  1800,  §  2. 

1  This  provision  is  applicable  to  goods  warehoused  and  withdrawn  for  ex- 
portation, if  liable  to  the  discriminating  duty  of  ten  per  cent,  imposed  by  the 
act  of  Aug.  30,  1842.  In  respect  to  such  goods,  the  remission  authorized  by 
the  warehouse  law  refers  only  to  the  regular  tariff  duty. 


78  COMMERCIAL   INTERCOURSE 


COMMEKCIAL  INTERCOURSE  WITH 
FOREIGN  NATIONS. 

Class  I. 

§  107.  Vessels  belonging  to  the  following  nations  are  ad- 
mitted under  treaty  stipulations,  or  the  provisions  of  law,  into 
ports  of  the  United  States,  on  the  same  terms,  in  respect  to 
tunnage  dues,  impost  duties,  and  other  charges,  as  vessels  of 
the  United  States,  whether  laden  with  goods,  wares  and  mer- 
chandise, the  production  or  manufacture  of  their  own  or  other 
countries :  — 

Argentine  Confederation,  Mecklenburg-Schwerin, 

Austria,  Netherlands, 

Belgium,  Oldenburg, 

Brazil,  Peru, 

Chili,  Pontifical  States, 

Denmark,  Prussia, 

Equador,  Russia, 

"    Great  Britain,  San  Salvador, 

Greece,  Sardinia, 

New  Granada,  Sweden  and  Norway, 

Guatemala,  Tuscany, 

Hanse    Towns,    (Hamburg,     Two  Sicilies, 
Lubec,  and  Bremen,)  Venezuela. 

Hanover, 

Class  II. 

§  108.  Vessels  belonging  to  the  following  nations,  under 
like  stipulations,  are  placed  on  the  footing  of  "  the  most 
favored  nation,"  and  are  admitted  into  the  United  States  on 
the  same  terras,  as  respects  tunnage  dues  and  light  money,  as 
vessels  of  the  United  States,  whether  laden  with  the  produc- 
tions of  their  own  or  other  countries  :  — 

Bolivia,  Ottoman  Empire, 

Costa  Rica,  Persia, 

Mexico,  Tripoli, 

Muscat,1  Tunis. 

1  Vessels  of  the  United  States  entering  any  port  within  the  sultan's  do- 
minions shall  pay  no  more  than  five  per  cent,  duties  on  the  cargo  landed ; 


WITH   FOREIGN  NATIONS.  79 


Class  III. 

§  109.  Vessels  belonging  to  the  following  nations  are  ad- 
mitted into  the  United  States  on  the  same  terms,  in  respect  to 
impost,  as  vessels  of  the  United  States,  only  when  laden  with 
goods,  wares,  and  merchandise  the  production  or  manufacture 
of  the  country  to  which  such  vessels  may  belong :  — 

France,1  Portugal,2 

Hawaiian  Islands. 

Class   IV. 

§  110.  The  commercial  relations  of  the  United  States  with 
the  following  nations  are  not  referable  to  either  of  the  fore- 
going classes :  — 

§111.  Borneo.  —  By  the  treaty  with  the  Sultan  of  Borneo, 
concluded  in  1850,  it  is  stipulated  that  no  duty  exceeding  one 
dollar  per  tun  register  shall  be  levied  on  vessels  of  the  United 
States  entering  the  ports  of  Borneo ;  such  tunnage  duty  to  be 
in  lieu  of  all  other  charges  and  duties  whatsoever. 

§  112.    China.  —  By  the  treaty  concluded  in  1844,  vessels 


and  this  shall  be  in  full  consideration  of  all  import  and  export  duties,  tun- 
nage, license  to  trade,  pilotage,  anchorage,  or  any  other  charge  whatever : 
nor  shall  any  charge  be  paid  on  that  part  of  the  cargo  which  may  remain  on 
board  unsold  and  reexported  ;  nor  shall  any  charge  whatever  be  paid  on  any 
vessel  of  the  United  States  which  may  enter  any  of  the  ports  of  his  majesty 
for  the  purpose  of  refitting,  or  for  refreshments,  or  to  inquire  the  state  of 
the  market.     Treaty  1833,  Art  3. 

1  Under  the  convention  of  1822,  tunnage  and  other  navigation  dues  are 
exacted,  on  vessels  of  the  United  States  entering  at  ports  in  France,  at  the 
rate  of  five  francs  per  tun,  and  in  ports  of  the  United  States  on  French 
vessels  at  ninety-four  cents  per  tun.  Goods,  wares,  and  merchandise,  the 
production  or  manufacture  of  either  country,  are  exempted  from  the  pa)'- 
ment  of  discriminating  duties  on  direct  importation  into  the  other,  the 
origin  of  such  goods  being  certified  by  the  consuls  of  the  respective  countries. 
By  a  decree  of  Dec.  17, 1851,  vessels  of  the  United  States  laden  with  cotton 
may  touch  at  British  ports  without  losing  the  privilege  of  direct  importation, 
provided  bulk  be  not  broken  at  such  port,  and  no  operation  of  commerce  be 
transacted.  French  vessels  arriving  in  the  ports  of  the  United  States  from 
Martinique,  Guadaloupe,  Cayenne,  St.  Pierre,  and  Miquelon,  when  direct 
from  said  islands,  in  ballast,  or  with  articles  the  growth,  production,  or 
manufacture  thereof,  are  entitled  to  the  same  privileges,  in  respect  to  tun- 
nage and  impost,  as  vessels  of  the  United  States,  and  vice  versa. 

2  Under  the  provisions  of  the  treaty  of  1840,  vessels  of  Portugal  entering 
ports  of  the  United  States,  either  from  Portugal  or  any  other  country,  are 
exempt  from  tunnage  dues.  Such  vessels  may  also  import  articles  of  the  pro- 
duction or  manufacture  of  countries  other  than  Portugal  without  incurring 
the  penalties  of  the  navigation  act  of  1817 ;  but  such  articles  are  liable  to 
the  discriminating  duty  of  ten  per  cent.,  imposed  by  the  act  of  August  30, 
1842.  So  sugar  imported  in  a  Portuguese  vessel  from  Brazil  was  held  to  be 
liable  to  this  duty  in  addition  to  the  duty  imposed  by  the  tariff  of  1857. 


80  COMMERCIAL  INTERCOURSE 

• 

of  the  United  States  are  permitted  to  trade  at  the  following 
ports,  viz. :  Amoy,  Canton,  Foochow-Fu,  Ningpo,  and  Shang- 
hai, but  at  no  other  ports  on  pain  of  confiscation  of  vessel  and 
cargo.  Vessels  exceeding  one  hundred  and  fifty  tuns  burden 
are  subject  to  tunnage  duties  at  five  mace  (seventy-two  and 
one  half  cents)  per  tun  ;  vessels  of  one  hundred  and  fifty  tuns 
or  under,  one  mace,  (fourteen  and  one  half  cents  nearly,) 
to  be  paid  at  one  port  only.  Vessels  of  the  United  States 
may  import  and  export  all  kinds  of  merchandise  not  pro- 
hibited.1 

§  113.  Dominica.  —  Vessels  of  the  Dominican  republic  are 
liable  to  tunnage  duties  at  the  rate  of  one  dollar  per  tun,  in- 
cluding light  money,  that  being  the  duty  imposed  on  vessels  of 
the  United  States  entering  Dominican  ports.  The  differential 
duty  of  ten  per  cent,  does  not,  however,  attach  to  their  cargoes, 
no  discrimination  being  made  by  the  Dominican  authorities, 
in  respect  to  impost,  against  merchandise  imported  in  vessels 
of  the  United  States.  But  a  Dominican  vessel  arriving  in  the 
United  States  from  other  than  a  Dominican  port,  is  liable,  in 
addition  to  the  duty  of  tunnage,  to  the  differential  duty  of  ten 
per  cent. 

§  114.  Hayti.  —  Vessels  of  the  Empire  of  Hayti  are  liable, 
on  entering  ports  of  the  United  States,  to  the  payment  of 
tunnage  duties  and  light  money  at  the  rate  of  one  dollar  per 
tun,  but  merchandise  imported  in  them  is  admissible  on  the 
same  terms  as  in  vessels  of  the  United  States. 

§  115.  Japan.  —  Vessels  of  the  United  States,  under  the 
treaty  of  1854,  are  permitted  to  enter  the  ports  of  Hakodade 
and  Simoda,  and  no  other  ports  of  the  Japanese  Empire  unless 
in  distress,  or  forced  in  by  stress  of  weather.  Commerce  is 
limited  to  the  exchange  of  gold  and  silver  coin,  and  articles  of 
goods  for  other  articles  of  goods,  under  such  regulations  as 
shall  be  temporarily  established  by  the  Japanese  government. 

§  116.  Morocco.  —  By  the  treaty  of  1836,  it  is  agreed  that 
the  commerce  of  the  United  States  shall  be  on  the  same  footing 
as  is  the  commerce  with  Spain,  or  as  that  with  the  most  favored 
nation  for  the  time  being. 

§  117.  Loo  Ohoo.  —  Under  a  compact  made  with  the  royal 
.government  in  1854,  vessels  of  the  United  States  are  admitted 

1  Unofficial  advices,  while  these  pages  are  in  preparation,  announce  that 
by  a  treaty  concluded  in  June,  1858,  the  ports  of  Swatow  and  Taiwan  are 
opened  to  commerce,  and  that  in  respect  to  duties  of  tunnage  and  impost, 
the  vessels  of  the  United  States  are  placed  on  the  footing  of  the  most  favored 
nation. 


WITH   FOREIGN  NATIONS.  81 

into  any  of  the  ports  of  Loo  Choo,  and  allowed  to  trade  freely 
with  the  officers  or  people  of  the  islands. 

§  118.  Siam.  —  By  the  treaty  concluded  with  the  King  of 
Siam,  in  1833,  vessels  of  the  United  States  entering  any  port 
of  his  majesty's  dominions,  and  selling  or  purchasing  cargoes 
of  merchandise,  are  required  to  pay,  in  lieu  of  any  other  charge 
whatsoever,  a  measurement  duty  only,  as  follows :  The  meas- 
urement to  be  made  from  side  to  side,  in  the  middle  of  the 
vessel's  length ;  and  if  a  single  decked  vessel,  on  such  single 
deck  ;  if  otherwise,  on  the  lower  deck.  On  every  vessel  selling 
merchandise,  the  sum  of  one  thousand  seven  hundred  ticals,  or 
hats,  —  the  tical  being  equal  to  sixty-one  cents,  —  shall  be  paid 
for  every  Siamese  fathom  in  breadth,  so  measured ;  the  said 
fathom  being  computed  to  contain  seventy-eight  American 
inches  ;  but  if  the  said  vessel  should  come  without  merchandise, 
and  purchase  a  cargo  with  specie  only,  she  shall  then  pay  the 
sum  of  fifteen  hundred  ticals  for  each  and  every  fathom  before 
described.  It  is  further  stipulated  that  on  vessels  entering 
the  ports  of  Siam  for  the  purpose  of  refitting,  or  for  refresh- 
ments, or  to  ascertain  the  state  of  the  markets,  no  duty  or 
charge  whatsoever  shall  be  imposed. 

§  119.  Spain  and  her  possessions.  —  Vessels  of  Spain  enter- 
ing ports  of  the  United  States  from  ports  in  Spain  or  her 
adjacent  islands,  are  subject  to  a  tunnage  duty  of  five  cents 
per  tun,  that  being  the  rate  of  duty  levied  on  vessels  of  the 
United  States  entering  the  ports  of  Spain  and  her  said  islands. 
The  cargoes  of  such  vessels  are  liable  also  to  the  discriminating 
duty  of  ten  per  cent,  imposed  by  the  tariff  act  of  August  30, 
1842. 

§  120.  Vessels  of  Spain  arriving  in  the  United  States  from 
Teneriffe,  or  either  of  the  Canary  Islands,  are  entitled  to  entry 
both  in  respect  to  tunnage  and  impost  duties,  on  the  same 
terms  as  vessels  of  the  United  States,  provided  a  certificate  of 
the  United  States  consul  be  produced,  that  the  royal  decree 
declaring  said  islands  free  to  vessels  of  the  United  States, 
without  payment  of  tunnage  or  discriminating  duties,  remains 
in  full  force. 

§  121.  By  the  acts  of  July  13,  1832,  and  June  30,  1834, 
vessels  of  Spain  arriving  from  the  Islands  of  Cuba  and  Porto 
Rico  are  required  to  pay  in  the  ports  of  the  United  States  the 
same  rate  of  duty  on  tunnage  that  shall  be  levied  on  vessels 
of  the  United  States  at  the  port  in  said  islands  from  whence 
such  Spanish  vessels  shall  have  last  departed ;  and  likewise 
such  further  tunnage  duty  as  shall  be  equivalent  to  the  amount 


82  COMMERCIAL   INTERCOURSE 

of  discriminating  duty  that  would  have  been  imposed  on  the 
cargoes  imported  in  the  same  vessels,  respectively,  if  the  same 
had  been  exported  from  the  port  of  Havana  in  vessels  of  the 
United  States.  It  having  been  ascertained  by  the  treasury 
department  that  vessels  of  the  United  States  arriving  in  the 
Islands  of  Cuba  and  Porto  Rico  in  ballast  are  not  subjected 
to  the  payment  of  any  tunnage  duty  whatever,  and  that  like 
vessels  arriving  with  merchandise  are  exempted  from  the 
payment  of  tunnage  duties,  if  such  vessels  export  or  convey 
therefrom  cargoes  of  molasses  taken  on  board  at  said  islands, 
collectors  are  instructed  (  Gen.  Reg.  Art.  917)  that  Spanish 
vessels  arriving  in  the  United  States  from  Cuba  or  Porto 
Rico,  either  in  ballast  or  laden  with  molasses  taken  in  at  those 
islands,  together  with  such  quantity  of  fresh  fruit  as  may  be 
deemed  admissible  as  stores,  are  in  like  manner  exempt  from 
the  liability  to  tunnage  duties,  provided  the  master  of  any  such 
vessel  shall  produce  at  the  time  of  entry  a  certificate  from  the 
chief  officer  of  the  customs  of  the  port  from  which  the  vessel 
last  departed,  authenticated  by  the  United  States  consul, 
proving  the  continuance  in  said  island  of  the  exemption  from 
tunnage  duties  of  vessels  of  the  United  States,  under  the 
circumstances  specified  ;  and  provided  further,  that  said  vessel 
shall  depart  from  the  United  States  in  ballast,  or  laden  with 
molasses  or  the  staple  productions  of  the  United  States,  under 
the  restrictions  contained  in  the  third  section  of  the  act  of 
June  30,  1834.  This  exemption,  however,  applies  only  to 
duties  on  tunnage  ;  the  merchandise  imported  in  such  Spanish 
vessels  being  subject  to  the  appropriate  rates  of  duty  imposed 
by  the  tariff,  together  with  the  discriminating  duty  of  ten  per 
cent,  imposed  by  the  act  of  August  30,  1842. 

By  a  decree  of  the  government  of  Spain,  of  September  1, 
1856,  vessels  of  all  nations,  laden  with  fruit  only,  are  sub- 
jected, on  entry  at  any  port  in  the  Island  of  Cuba,  to  a  tunnage 
duty  in  proportion  to  the  tunnage  of  the  cargo,  and  not  that  of 
the  vessels  measurement.  Consequently  vessels  of  Spain  ar- 
riving in  the  United  States  from  ports  in  said  island,  so  laden, 
are  in  like  manner  subject  only  to  a  tunnage  duty  on  the 
measurement  of  the  cargo  imported,  instead  of  a  duty  on  the 
vessel's  tunnage,  as  heretofore.      Treasury  Reg.  June  30, 1857. 

§  122.  Spanish  vessels  from  Cuba  (except  as  above)  are 
subject  to  tonnage  duty  of  $1  50  per  ton,  and  from  Porto 
Rico,  eighty-seven  and  one  half  cents  per  ton,  and  ten  per 
cent,  additional  duty  on  their  cargoes ;  also  a  discriminating 
duty  equal  to  the  export  duty  to  which  a  vessel  of  the  United 


WITH   FOREIGN  NATIONS.  83 

States  would  have  been  liable  in  those  islands  over  a  Spanish 
vessel ;  and,  before  clearing  directly  or  indirectly  for  either 
of  those  islands,  such  further  duty  as  a  vessel  of  the  United 
States,  with  a  similar  cargo,  would  be  liable  to,  over  a  Spanish 
vessel  in  the  ports  of  those  islands.     Gen.  Reg.  Art.  917. 

§  123.  A  Spanish  vessel  leaving  a  port  of  Spain  for  a  port 
in  Cuba,  but  not  finding  there  a  satisfactory  market,  proceeding, 
without  breaking  bulk  or  taking  in  any  goods  at  said  island, 
to  a  port  in  the  United  States,  would  not  (nor  her  cargo)  on 
entry  be  subject  to  any  other  or  higher  duties  of  tunnage  or 
imposts  than  she  would  be  if  direct  from  a  port  of  Spain  to 
the  United  States  ;  the  voyage,  under  the  circumstances,  being 
regarded  as  continuous.     Ibid. 

§  124.  Where  Spanish  vessels  are  about  to  depart  from  a 
port  of  the  United  States  with  any  goods,  wares,  or  merchan- 
dise, for  any  destination  other  than  some  port  or  place  in  the 
Islands  of  Cuba  or  Porto  Rico,  the  bond  and  security  required 
by  the  3d  section  of  the  Act  of  30th  June,  1834,  must  be 
exacted  before  allowing  clearance  or  departure  of  the  ves- 
sels.1    Ibid. 

§  125.  The  Swiss  Confederation.  —  By  the  convention  of 
1850  it  is  stipulated  that  in  all  that  relates  to  the  importation, 
exportation,  and  transit  of  their  respective  products,  the  United 
States  and  the  said  Confederation  shall  treat  each  other, 
reciprocally,  as  the  most  favored  nation,  union  of  nations,  state, 
or  society. 

§  126.  It  is  further  provided  that  no  port  of  the  United 
States  shall  be  closed  to  articles  arriving  from  Switzerland, 
when  conveyed  in  vessels  of  the  United  States,  or  in  vessels 
of  any  country  having  free  access  to  the  ports  of  said  States. 
Swiss  merchandise,  therefore,  arriving  under  the  flag  of  the 
United  States,  or  under  that  of  one  of  the  nations  most  favored 
by  them,  is  to  pay  the  same  duties  as  the  merchandise  of  such 
nation.  Under  any  other  flag  it  is  to  be  treated  as  the  mer- 
chandise of  the  country  to  which  the  vessel  belongs. 

§  127.  In  accordance  with  these  stipulations,  it  has  been 
decided  by  this  department  that  Swiss  goods  imported  in 
French  vessels  are  not  liable  to  discriminating  duty,  no  such 
duty  being  chargeable  on  the  products  or  manufactures  of 
France,  when  directly  imported  from  that  country.  Gen. 
Reg.  Art.  918. 

1  For  the  cancellation  of  this  bond,  a  certificate  is  required  to  be  pro- 
duced from  an  American  consul,  testifying  to  the  landing  of  the  said  cargo 
elsewhere,  bona  fide,  and  without  intention  of  reshippinar  to  either  of  said 
islands. 


84     ENTRY  OF  VESSELS  FROM  FOREIGN  PORTS. 


ENTRY  OF  VESSELS  FEOM  FOREIGN 
PORTS. 

§  128.  It  shall  not  be  lawful  to  make  entry  of  any  ship  or 
vessel,  which  may  arrive  from  any  foreign  port,  within  the 
United  States,  or  of  the  cargo  on  board,  elsewhere  than  at 
one  of  the  ports  of  entry  established  by  law,  nor  to  unlade  the 
said  cargo,  or  any  part  thereof,  elsewhere  than  at  one  of  the 
designated  ports  of  delivery ;  but  every  port  of  entry  shall 
also  be  a  port  of  delivery.1     Act  March  2,  1799,  §  18. 

§  129.  The  master  or  commander  of  every  vessel  bound  to 
a  port  of  delivery,  only,  in  any  of  the  following  districts,  to 
wit,  —  Portland  and  Falmouth,  except  the  ports  of  North  Yar- 
mouth, Freeport,  and  Harpswell ;  Bath,  except  the  ports  of 
Georgetown  and  Brunswick ;  Newburyport,  New  London ; 
Middletown,  except  the  ports  of  Lyme,  Saybrook,  Killings- 
worth,  Haddam,  and  East  Haddam  ;  Norfolk  and  Portsmouth ; 
Bermuda  Hundred,  (now  Petersburg,)  or  City  Point,  York- 
town,  Tappahannock,  except  the  port  of  Urbanna ;  or  Eden- 
ton,  —  shall  first  come  to,  at  the  port  of  entry  of  such  district, 
with  his  ship  or  vessel,  and  there  make  report  and  entry  in 
writing,  and  pay,  or  secure  to  be  paid,  all  legal  duties,  port 
fees,  and  charges,  in  manner  provided  by  this  act,  before  such 
ship  or  vessel  shall  proceed  to  her  port  of  delivery  ;  and  any 
ship  or  vessel  bound  to  a  port  of  delivery  in  any  district  other 
than  those  above  mentioned,  or  to  either  of  the  ports  of 
delivery  above  mentioned,  may  first  proceed  to  her  port  of 
delivery,  and  afterward  make  report  and  entry  within  the 
time  by  this  act  limited.     Ibid.  §  19. 

§  130.  No  goods  to  be  imported  in  a  vessel  of  the  United 
States  without  manifest.  —  No  goods,  wares,  or  merchandise 

1  By  the  act  cited  above,  sundry  ports  were  designated  as  ports  at  which 
alone  foreign  vessels  might  be  admitted  to  unlade.  Sundry  other  ports  were 
also  designated  as  ports  of  entry  for  vessels  arriving  from  the  Cape  of  Good 
Hope,  or  places  beyond  the  same.  But  as  the  restriction  imposed  is  be- 
lieved to  be,  to  a  great  extent,  practically  obsolete,  the  enumeration  is 
omitted.  By  the  act  of  Sept.  26,  1850,  and  the  regulations  of  the  depart- 
ment of  June  12,  1851,  British  vessels,  laden  in  the  ports  and  with  the  pro- 
ductions of  the  provinces  of  Canada,  New  Brunswick,  and  Nova  Scotia,  are 
specially  authorized  to  unlade  and  lade  cargo  at  any  port  or  place  at  which 
vessels  of  the  United  States  may  lawfully  do  so,  and  upon  the  same  terms 
and  conditions  as  to  duties  and  charges. 


ENTRY  OF  VESSELS  FROM  FOREIGN  PORTS. 


85 


shall  be  brought  into  the  United  States,  from  any  foreign  port 
or  place,  in  any  ship  or  vessel  belonging  to  a  citizen  or  inhab- 
itant of  the  United  States,  unless  the  master,  or  person  having 
the  charge  or  command  of  such  ship  or  vessel,  shall  have  on 
board  a  manifest,  containing  the  name  of  the  port  where  the 
goods  shall  have  been  taken  on  board,  and  the  port  or  ports, 
within  the  United  States,  for  which  the  same  are  respectively 
consigned  or  destined,  particularly  noting  the  goods,  wares, 
and  merchandise  destined  for  each  port  or  place  respectively, 
and  giving  a  just  and  particular  account  of  all  the  goods, 
wares,  and  merchandise  so  laden  or  taken  on  board,  whether 
in  packages,  or  stowed  loose,  together  with  the  marks  and 
numbers  as  marked  on  each  package,  and  the  number  or 
quantity  and  description  of  the  packages,  in  words  at  length, 
describing  the  same  by  its  usual  name  or  denomination ;  to- 
gether with  the  name  or  names  of  the  person  or  persons  to 
whom  the  same  are  respectively  consigned,  agreeably  to  the 
bills  of  lading  signed  for  the  same,  unless  when  the  said 
goods  are  consigned  to  order,  when  it  shall  be  so  expressed  in 
the  said  manifest  or  manifests ;  together  with  an  account  of 
the  remaining  sea  stores,  if  any,  and  the  baggage  of  any 
passengers  who  may  be  on  board,  specifying  the  number  and 
description  of  packages  belonging  to  each.1     Ibid.  §  23. 


1  The  form  of  a  manifest  for  goods  imported  into  the  United  States  in  a 
vessel  of  the  United  States  shall  be  as  follows  :  — 

Report  and  manifest  of  the  cargo  laden  on  board  of  the ,  whereof 

is  master,  which  cargo  was  taken  on  board  at ,  burden 

— —  tuns,  built  at ,  in  the  State  of ,  and  owned  by . 

merchants   a^ ,  as  per  register  granted  at  -,  the day  of 

,  and  bound  for . 


Marks 


No.  inclu- 
sive. 


Packages  and 
contents. 


By  whom 
shipped. 


To  whom  con- 
signed, or  if  to 
order. 


Place  of  con 

signee's  res 
idence. 


Ports  of 
destina- 
tion. 


Returned  cargo,  (specifying  any  articles  of  outward  cargo  returned,  by 
whom  shipped  outward,  and  to  whom  consigned  inward.) 

Passengers'  baggage,  (number  and  description  of  packages  belonging  to 
each.) 

Vessel  and  cabin  stores.    (Detail  what  stores  remain  unconsumed.) 

If  the  cargo  be  destined  to  be  delivered  in  different  districts  or  ports,  the 
quantities  and  packages  so  destined  will  be  inserted  in  successive  order  in 
the  manifest,  as  aforesaid. 

If  merchandise  shall  be  imported  by  citizens  or  inhabitants  of  the  United 
8 


86     ENTRY  OF  VESSELS  FROM  FOREIGN  PORTS. 

§  131.  Master  to  he  provided  with  manifest  on  arrival  with- 
in four  leagues  of  coast.  —  Every  master,  or  other  person 
having  the  charge  or  command  of  any  ship  or  vessel,  belong- 
ing, in  the  whole  or  in  part,  to  a  citizen  or  inhabitant  of  the 
United  States,  laden  with  goods,  and  bound  to  any  port  or 
place  in  the  United  States,  shall,  on  his  arrival  within  four 
leagues  of  the  coast  thereof,  or  within  any  of  the  bays,  har- 
bors, ports,  rivers,  creeks,  or  inlets  thereof,  upon  demand,  pro- 
duce the  manifest  or  manifests  in  writing,  which  such  master 
or  other  person  is  required  to  have  on  board,  to  such  officer 
of  the  customs  as  shall  first  come  on  board  his  said  ship  or 
vessel,  for  his  inspection,  and  shall  deliver  to  such  officer  a 
true  copy  or  copies  thereof;  and  the  officer,  to  whom  the 
original  manifest  or  manifests  shall  have  been  so  produced, 
shall  certify,  upon  the  back  thereof,  that  the  same  was  or  were 
produced,  and  the  day  and  year  on  which  the  same  was  or 
were  so  produced,  and  that  such  copy  or  copies,  as  aforesaid, 
was  or  were  to  him  delivered,  and  examined  with  the  original 
manifest ;  and  the  said  master  shall,  in  like  manner,  produce 
to  the  officer  of  the  customs  who  shall  first  come  on  board 
such  ship  or  vessel,  upon  her  arrival  within  the  limits  of  any 
district  of  the  United  States  in  which  the  cargo,  or  any  part 
thereof,  is  intended  to  be  discharged  or  landed,  for  his  inspec- 
tion, such  manifest  or  manifests  as  aforesaid ;  and  shall  also 
deliver  to  him  a  true  copy  or  copies  thereof,  the  production  of 
which  said  manifest  or  manifests,  and  the  delivery  of  which 
said  copy  or  copies  thereof,  shall  also  be  certified  by  the  said 
officer  upon  the  back  of  the  said  original  manifest  or  mani- 
fests ;  and  the  said  master  shall  afterward  produce  and  de- 
liver the  said  original  manifest  or  manifests,  so  certified,  to 
the  collector  of  said  district ;  and  when  any  manifest  shall  be 
produced  upon  which  there  shall  be  no  certificate  from  any 
officer  of  the  customs,  as  before  mentioned,  the  master  or  com- 
mander producing  the  same  shall  be  required  to  make  oath  or 
affirmation  that  no  officer  has  applied  for,  and  that  no  indorse- 
ment has  taken  place  on,  any  manifest  of  the  cargo  of  such 

States,  in  vessels  other  than  of  the  United  States,  the  manifests  shall  be  of 
the  form,  and  shall  contain  the  particulars,  aforesaid,  except  that  said  ves- 
sels shall  be  described  in  manner  following,  viz. :  — 

Report  and  manifest  of  the  cargo  laden  on  board  the  (here  insert  the  de- 
nomination and  name  of  the  vessel,  and  the  port  to  which  she  belongs,) 
whereof  (here  insert  the  master's  name,  and  whether  or  not  master  during 
the  voyage,)  burden  (here  insert  the  nation  where  built,)  bound  to  (here  in- 
sert the  port  or  ports  of  destination,)  which  cargo  was  taken  on  board  at 
(here  insert  the  port  or  ports  where  laden.)     Gen.  Reg.  Art  83,  84. 


ENTRY  OF  VESSELS  FROM  FOREIGN  PORTS.     87 

vessel:  Provided  always,  That  nothing  herein  contained  shall 
be  construed  to  require  of  such  master,  or  other  person  having 
the  charge  or  command  of  such  ship  or  vessel,  the  delivery  of 
more  than  one  copy  of  each  manifest  to  the  officer  aforesaid, 
who  shall  first  come  on  board  of  such  ship  or  vessel  within 
four  leagues  of  the  coast  of  the  United  States  aforesaid,  and 
one  other  copy  to  such  officer  as  shall  first  come  on  board 
within  the  limits  of  any  district  for  which  the  cargo  of  such 
ship  or  vessel,  or  some  part  thereof,  shall  be  consigned  or  des- 
tined, or  shall  be  construed  to  require  the  delivery  of  any  such 
copy  to  any  other  officer ;  but  it  shall  be  sufficient,  in  respect 
to  any  such  other  officer,  to  produce  and  show  to  him  the  said 
original  manifest  or  manifests,  and  the  certificate  or  certificates 
thereupon.     Ibid.  §  25. 

§  132.  Master  to  report  within  twenty-four  hours  after  ar- 
rival. —  Within  twenty -four  hours  after  the  arrival  of  any 
ship  or  vessel,  from  any  foreign  port,  at  any  port  of  the  United 
States  at  which  an  officer  of  the  custom  resides,  or  within  any 
harbor,  inlet,  or  creek  thereof,  if  the  hours  of  business  at  the 
office  of  the  chief  officer  of  the  customs  at  such  port  will 
permit,  or  as  soon  thereafter  as  the  said  hours  will  permit, 
the  master,  or  other  person  having  the  charge  or  command 
of  such  ship  or  vessel,  shall  repair  to  the  said  office,  and 
shall  make  report  to  the  said  chief  officer  of  the  arrival  of  the 
said  ship  or  vessel ;  and  within  forty-eight  hours  after  such 
arrival,  shall  make  a  further  report,  in  writing,  to  the  collector 
of  the  district,  which  report  shall  be  in  the  form,  and  shall 
contain  all  the  particulars,  required  to  be  inserted  in  a  mani- 
fest, as  the  case  may  be  ;  and  the  said  master,  or  person 
having  the  charge  or  command  of  any  such  ship  or  vessel, 
shall  declare  to  the  truth  of  such  report  or  manifest,  which 
declaration  shall  be  on  oath  or  affirmation,  before  the  said  col- 
lector of  the  district,  in  the  manner  and  form  following,  to  wit : 
"  I  [  ]  do  solemnly,  sincerely,  and  truly  swear  (or 

affirm)  that  the  report  and  manifest  subscribed  with  my  name, 
and  now  delivered  by  me  to  the  collector  of  |he  district  of 
]  contains,  to  the  best  of  my  knowl- 
edge and  belief,  a  just  and  true  account  of  all  the  goods, 
wares,  and  merchandise,  including  packages  of  every  kind  and 
nature  whatsoever,  which  were  on  board  the  [ 
at  the  time  of  her  sailing  from  the  port  of  [  ,  j 

or  which  have  been  laden  or  taken  on  board  at  any  time 
since,  and  that  the  packages  of  the  said  goods  are  as  particu- 
larly described  as  in  the  bills  of  lading,  signed  for  the  same 


88  ENTRY  OF  VESSELS   FROM   FOREIGN  PORTS. 

by  me  or  with  my  knowledge  ;  that  I  am  at  present,  and  have 
been  during  the  voyage,  master  of  the  said  vessel,  [or  insert, 
if  otherwise,  specifying  how  long  he  has  been  master  ;]  that  no 
package  whatsoever,  or  any  goods,  wares,  or  merchandise, 
have  been  unladen,  landed,  taken  out,  or  in  any  manner  what- 
ever removed  from  on  board  the  said  [  ]  since 
her  departure  from  the  said  port  of  [  ,]  except 
such  as  are  now  particularly  specified  and  declared  in  the 
abstract  or  account  herewith,  and  that  the  clearance  and  other 
papers  now  delivered  by  me  to  the  collector  are  all  that  I 
now  have,  or  have  had,  that  any  way  relate  to  the  cargo  of 
the  said  vessel.  And  I  do  further  swear  (or  affirm)  that  the 
several  articles  specified  in  the  said  manifest  as  the  sea  stores 
for  the  cabin  and  vessel,  are  truly  such,  and  were  bona  fide 
put  on  board  the  said  [  ]  for  the  use  of  the 
officers,  crew,  and  passengers  thereof,  and  have  none  of  them 
been  brought,  and  are  not  intended,  by  way  of  merchandise, 
or  for  sale,  or  for  any  other  purpose  than  above  mentioned, 
and  are  intended  to  remain  on  board  for  the  consumption  of 
the  said  officers  and  crew.  I  further  swear  (or  affirm)  that  if 
I  shall  hereafter  discover,  or  know  of,  any  other  or  greater 
quantity  of  goods,  wares,  and  merchandise,  of  any  nature  or 
kind  whatsoever,  than  are  contained  in  the  report  and  mani- 
fest, subscribed  and  now  delivered  by  me,  I  will,  immediately 
and  without  delay,  make  due  report  thereof  to  the  collector  of 
the  port  or  district  of  [here  insert  the  port  or  district  entering 
at ;]  and  I  do  likewise  swear  (or  affirm)  that  all  matters 
whatsoever,  in  the  said  report  and  manifest  expressed,  are,  to 
the  best  of  my  knowledge  and  belief,  just  and  true.  [The  fol- 
lowing addition  to  the  oath  or  affirmation  is  to  be  inserted  in 
cases  where  the  manifests  shall  not  have  been  certified  by 
some  proper  officer  of  the  customs  in  manner  provided.]  I 
further  swear  (or  affirm)  that  no  officer  of  the  customs  has 
applied  for  an  inspection  of  the  manifest  of  the  cargo  on 
board  the  said  vessel,  and  that  no  certificate  or  indorsement 
has  been  delivered  to  me,  or  any  manifest  of  such  cargo.  So 
help  me  God." l    Ibid.  §  30. 

§  133.  If  the  said  vessel  have  on  board,  as  a  part  of  her 
cargo,  any  distilled  spirits,  wines,  or  teas,  the  master  or  person 

l  The  manifest  should  be  made  out  in  accordance  with  the  original  bills  of 
lading  of  the  cargo  taken  on  board.  If  the  ship  put  back  and  discharge  her 
cargo,  and  any  portion  thereof  be  not  again  taken  on  board,  or  if  any  part 
be  lost  or  thrown  overboard  on  the  voyage,  or  if,  from  any  other  cause,  there 
be  a  discrepancy  between  the  bills  of  lading  and  the  cargo  imported,  it  should 
be  set  forth  in  the  abstract  or  account  referred  to  in  the  oath  as  produced 
with  this  manifest. 


ENTRY  OF  VESSELS  FROM  FOREIGN  PORTS.     89 

in  command  is  required,  within  forty-eight  hours  after  his 
arrival,  whether  at  the  first  port  of  arrival  or  not,  to  report 
also,  in  writing,  to  the  surveyor,  the  foreign  port  or  place  from 
which  he  last  sailed,  the  name,  burden,  denomination  of  the 
vessel,  and  his  own  name ;  to  what  nation  the  vessel  belongs, 
and  the  quantity  and  kinds  of  spirits,  wines,  and  teas  on  board, 
the  number  of  packages  containing  the  same,  with  their  marks 
and  numbers,  and  the  quantity  and  kinds  of  spirits,  wines,  and 
teas  on  board  as  sea  stores,  on  pain  of  forfeiting  the  sum  of 
five  hundred  dollars  and  the  spirits  so  omitted.     Ibid. 

§  134.  And  if  the  said  master,  or  other  person  having  the 
charge  or  command,  shall  neglect  or  omit  to  make  the  said 
reports,  or  either  of  them,  (other  than  that  required  to  be 
made  to  the  surveyor  or  inspector  of  the  revenue  as  aforesaid,) 
and  the  declaration  or  declarations,  or  to  take  the  said  oath  as 
required,  or  shall  not  fully  comply  with  the  true  intent  and 
meaning  of  this  section,  as  the  case  may  be,  he  shall,  for  each 
and  every  offense,  forfeit  and  pay  the  sum  of  one  thousand 
dollars.     Ibid. 

§  135.  Manifest  of  passengers  to  be  delivered.  —  The  master 
of  any  ship  or  vessel  arriving  in  the  United  States,  or  any  of 
the  territories  thereof,  from  any  foreign  place  whatever,  at  the 
same  time  that  he  delivers  a  manifest  of  the  cargo,  and,  if 
there  be  no  cargo,  then  at  the  time  of  making  report  or  entry 
of  the  ship  or  vessel,  shall  also  deliver  to  the  collector  of  the 
district  a  list  or  manifest  of  all  the  passengers  taken  on  board 
of  the  said  ship  or  vessel  at  any  foreign  port  or  place ;  in 
which  list  or  manifest  it  shall  be  the  duty  of  the  said  master 
to  designate,  particularly,  the  age,  sex,  and  occupation  of  the 
said  passengers,  respectively,  the  country  to  which  they  sev- 
erally belong,  and  that  of  which  it  is  their  intention  to  become 
inhabitants  ;  and  shall  further  set  forth  whether  any,  and  what 
number,  have  died  on  the  voyage ;  which  report  and  manifest 
shall  be  sworn  to  by  the  said  master,  in  the  same  manner  as 
is  directed  in  relation  to  the  manifest  of  the  cargo ;  and  the 
refusal  or  neglect  to  comply  with  the  provisions  of  this  section 
shall  incur  the  same  penalties,  disabilities,  and  forfeitures,  as 
are  at  present  provided  for  a  refusal  or  neglect  to  report  and 
deliver  a  manifest  of  the  cargo  aforesaid.1  Act  March  2, 
1819,  §  4. 

1  In  addition  to  the  requirements  above  set  forth,  the  master  of  every 
vessel  of  the  United  States,  before  entry  is  allowed,  must  exhibit  to  the  col- 
lector a  true  account  of  the  seamen  employed  on  board  his  vessel  since  her 
last  entry  at  any  port  in  the  United  States,  and  pay  to  said  collector  the 

* 


90  ENTRY  OP  VESSELS   FROM   FOREIGN  PORTS. 

§  136.  Tannage  duties  to  be  paid,  and  register  and  clear- 
ance produced,  before  entry.  —  The  duties  imposed  by  law  on 
the  tunnage  of  any  ship  or  vessel  shall  be  paid  to  the  collector 
at  the  time  of  making  entry  of  such  ship  or  vessel ;  and  it  shall 
not  be  lawful  to  grant  any  permit,  or  to  unlade  any  goods, 
wares,  or  merchandise,  whatever,  from  such  ship  or  vessel, 
until  the  said  tunnage  duty  is  first  paid.  And  the  register,  or 
other  document  in  lieu  thereof,  together  with  the  clearance 
and  other  papers,  granted  by  the  officers  of  the  customs  to 
such  ship  or  vessel  at  her  departure  from  the  port  or  place 
from  which  she  may  have  arrived,  (Mediterranean  passports 
excepted,)  shall,  previous  to  such  entry,  be  produced  to  the 
collector,  with  whom  such  entry  is  to  be  made,  and  shall 
remain  in  his  office ;  and  on  the  clearance  of  such  ship  or 
vessel,  the  register,  and  other  documents,  shall  be  returned  to 
the  master  or  owner  of  such  ship  or  vessel.1  Act  March  2, 
1799,  §  63. 

hospital  tax  of  twenty  cents  per  month  for  each  seaman  so  employed.  He 
must  also  declare,  under  oath,  whether  any  of  the  crew  belonging  to  the 
vessel  under  his  command  have  been  detained  or  impressed  in  the  course 
of  the  voyage  by  any  foreign  power.  It  is  also  requisite  that  the  owner  or 
part  owner,  if  resident  at  the  port,  or  if  not,  the  master,  should  make  oath 
or  affirmation  that  the  certificate  of  registry  of  such  ship  or  vessel  contains 
the  name  or  names  of  all  the  persons  who  are  then  owners  of  the  said  ship 
or  vessel,  or  if  any  part  of  such  ship  or  vessel  has  been  sold  or  transferred 
since  the  granting  of  such  certificate,  that  such  is  the  case,  and  that  no 
foreign  citizen  or  subject  has,  to  the  best  of  his  knowledge  and  belief,  any 
share,  by  way  of  trust,  confidence,  or  otherwise,  in  such  ship  or  vessel. 

The  master  or  commander  of  each  and  every  vessel  arriving  from  a  foreign 
port,  is  also  required  to  state,  under  oath,  on  entry  of  the  same  at  the  custom 
house,  at  what  date  the  vessel  sailed  from  the  foreign  port  of  departure. 

No  collector  or  other  officer  of  the  customs  can  permit  any  vessel  arriving 
within  any  port  or  collection  district  of  the  United  States  to  make  entry  or 
break  bulk  until  all  letters  on  board  of  such  vessel  shall  be  delivered  into 
the  post  office  at  or  nearest  the  port  or  place,  nor  until  the  commander  of 
the  vessel  shall  have  made  oath  to  the  fact  of  such  delivery. 

Collectors  and  other  officers  of  the  customs  are  authorized,  without  special 
instructions,  to  examine  and  search  every  vessel  for  letters  which  may  be 
on  board,  or  have  been  carried  and  transported  contrary  to  law;  and  when- 
ever they  have  good  reason  to  suspect  such  violations  have  been  committed, 
they  will  make  such  examinations  and  searches,  and  if  seizures  are  made, 
they  will  retain  in  their  own  hands  the  letters,  or  packages  of  letters,  so 
seized,  reporting  at  once  the  facts  to  the  department,  and  await  its 
instructions. 

All  letters  or  packages  suspected  of  containing  articles  liable  to  duty, 
whether  directed  to  the  owner,  consignee,  or  other  persons,  must  be  de- 
posited at  the  custom  house,  in  charge  of  an  officer  of  the  customs,  and 
notice  given  to  the  persons  to  whom  they  are  directed  to  cause  the  same  to 
be  opened  in  the  presence  of  such  officer  of  the  customs  as  the  collector  may 
designate  for  that  service.     Gen.  Reg.  Art.  103-105. 

1  By  an  act  passed  March  3, 1817,  this  provision,  so  far  as  relates  to  for- 
eign vessels,  was  modified  so  as  to  make  it  the  duty  of  the  master  or  com- 
mander, within  forty-eight  hours  after  entry,  to  deposit  the  papers  referred 


ENTRY  OP  VESSELS   FROM   FOREIGN  PORTS.  91 

§  137.  Ships  of  war  and  dispatch  vessels  not  required  to 
enter.  —  It  shall  not  be  necessary  for  the  master,  or  person 
having  the  charge  or  command  of  any  ship  or  vessel  of  war, 
or  of  any  ship  or  vessel  employed  by  any  prince  or  state,  as 
a  public  packet,  for  the  conveyance  of  letters  and  dispatches, 
and  not  permitted,  by  the  laws  of  such  prince  or  state,  to  be 
employed  in  the  transportation  of  goods,  wares,  or  merchandise, 
in  the  way  of  trade,  to  make  such  report  and  entry  as  afore- 
said.    Ibid.  §  31. 

§  138.  Merchandise  destined  for  foreign  port  may  be  re- 
exported.  —  Vessels  are  permitted  to  proceed  with  any  mer- 
chandise voluntarily  brought  in  them  into  the  United  States 
which  shall  appear  in  a  manifest,  delivered  to  the  collector 
within  forty-eight  hours  after  arrival,  to  be  destined  for  any 
foreign  port  or  place,  from  the  district  within  which  they  shall 
first  arrive  to  such  foreign  port  or  place,  without  the  payment, 
or  securing  payment,  of  any  duties  upon  such  of  the  merchan- 
dise as  shall  be  so  reexported  in  the  same  vessel ;  but  the 
master,  or  person  in  charge  or  command  of  such  vessel,  is 
required  first  to  give  bond  to  the  satisfaction  of  the  collector, 
with  one  or  more  sureties,  in  a  sum  equal  to  the  amount  of 
the  duties  upon  the  said  merchandise,  estimated  by  the 
collector  and  naval  officer  of  the  port,  with  condition  that  the 
merchandise,  or  any  part  thereof,  shall  not  be  landed  within 
the  United  States  unless  the  entry  thereof  shall  be  first  made, 
and  the  duties  thereon  be  paid  or  secured  according  to  law.1 
Ibid.  §  32,  Act  Feb.  22,  1805,  §  2. 

§  139.  Vessels  may  proceed  from  district  to  district  with 
certified  manifest.  —  It  shall  be  lawful  for  any  vessel  in 
which  any  goods,  wares,  or  merchandise  shall  be  brought  into 
the  United  States,  from  any  foreign  port  or  place,  and  which 
shall  be  specified  in  the  manifest,  verified  on  oath  or  affirma- 
tion, before  the  collector  of  the  port  in  which  such  vessel 
shall  first  arrive,  to  be  destined  for  other  districts,  to  proceed 
with  the  same,  from  district  to  district,  within  the  United 
States,  in  order  to  the  landing,  or  delivery  thereof,  and  the 
duties  on  such  of  the  said  goods  only  as  shall  be  landed  in  any 

to  'with  the  consul  or  vice  consul  of  the  nation  to  which  the  vessel  belongs, 
and  to  deliver  to  the  collector  the  certificate  of  the  said  consul  or  vice  consul 
that  the  said  papers  had  been  so  deposited.  A  failure  to  comply  with  this 
requirement  subjects  the  master  to  a  fine  not  less  than  five  hundred  nor 
exceeding  two  thousand  dollars. 

1  The  bond  shall  be  taken  for  the  same  periods,  and  canceled  in  the  same 
manner,  as  bonds  taken  on  exportation  of  merchandise  from  -warehouse. 
Gen.  Reg.  Art.  113. 


92  ENTRY   OF  VESSELS   FROM   FOREIGN   PORTS. 

district,  shall  be  paid,  or  secured  to  be  paid,  within  such  dis- 
trict.1 But  before  any  vessel  shall  so  depart  from  the  district 
in  which  she  shall  first  arrive,  for  another  district,  (provided 
such  departure  be  not  within  forty-eight  hours  after  her  arrival 
within  such  district,)  the  master,  or  person  having  the  charge 
or  command  of  such  ship  or  vessel,  shall  obtain,  from  the 
collector  of  the  district  from  which  she  shall.be  about  to  depart, 
(who  is  required  to  grant  the  same,)  a  copy  of  the  report  and 
manifest  made  by  such  master,  or  other  person  having  the 
charge  or  command  of  such  ship  or  vessel,  certified  by  the 
said  collector,  to  which  copy  shall  be  annexed  a  certificate  of 
the  quantity  and  particulars  of  the  goods  which  shall  appear 
to  him  to  have  been  landed  within  his  district,  or  of  the  quan- 
tity and  particulars  of  the  goods  which  remain  on  board,  and 
upon  which  the  duties  are  to  be  paid,  or  secured  to  be  paid, 
in  some  other  district. 

§  140.  And  within  twenty-four  hours  after  the  arrival  of 
the  vessel  in  any  other  district,  the  master,  or  person  in  com- 
mand or  charge  thereof,  is  required  to  make  report  or  entry 
to  or  with  the  collector  of  such  district,  exhibiting  the  certified 
copy  of  his  first  report,  together  with  a  certificate  from  the 
collector  of  each  district  within  which  any  of  the  merchandise 
brought  in  such  vessel  shall  have  been  before  landed,  and  the 
quantity  and  particulars  thereof;  and  the  master,  or  person 
having  charge  or  command  of  such  vessel,  is  required  to  give 
bond,  with  one  or  more  sureties,  to  the  satisfaction  of  the  col- 
lector of  the  district  within  which  the  vessel  shall  first  arrive, 
in  a  sum  equal  to  the  amount  of  the  duties  on  the  residue  of 
the  cargo,  according  to  the  estimate  of  the  collector. 

§  141.  And  the  said  bond  shall  be  canceled  or  discharged, 
within  six  months  from  the  date  thereof,  by  the  production  of 
a  certificate  or  certificates  from  the  collector  or  collectors  of 
the  district  or  districts  for  which  the  said  goods  shall  have 
been  reported,  testifying  the  due  entry  and  delivery  of  the 
said  goods  in  such  district  or  districts,  or,  upon  due  proof,  that 
such  entry  and  delivery  were  prevented  by  some  unavoidable 
accident  or  casualty,  and  that  if  the  whole,  or  any  part,  of  the 

1  To  entitle  a  vessel  to  proceed  from  district  to  district  with  the  cargo 
taken  in  at  a  foreign  port,  or  any  part  thereof,  on  board,  it  must  appear  by 
the  manifest,  produced  on  entry,  that  the  goods  imported  in  such  vessel 
were  originally  destined  to  be  delivered  at  different  ports.  "Where  a  vessel 
has  come  to  an  entry,  and  the  manifest,  sworn  by  the  master,  shows  that 
the  cargo  was  destined  for  the  port  at  which  entry  has  been  made,  there  is 
no  provision  of  law  under  which  the  manifest,  in  this  particular,  may  be 
amended,  and  the  vessel  allowed  to  proceed  to  another  port. 


ENTRY  OP  VESSELS   FROM  FOREIGN  PORTS.  93 

said  goods  shall  not  have  been  lost,  that  the  same  have  been 
duly  entered  and  delivered  within  the  United  States.  And  if 
the  master,  or  other  person  having  the  charge  or  command  of 
any  such  ship  or  vessel,  shall  fail,  by  his  neglect  or  fault,  to 
obtain  the  said  copy  of  his  said  report  from  the  collector  of 
the  district  from  which  he  shall  be  so  about  to  depart,  or  of 
any  certificate  which  he  ought  to  obtain  as  aforesaid,  or  shall 
neglect  to  produce  and  show  the  same  to  the  collector  of  any 
other  district  to  which  the  said  ship  or  vessel  shall  afterward 
proceed  within  the  time  for  that  purpose  hereinbefore  specified, 
he  shall  forfeit  and  pay,  for  every  such  neglect  or  omission, 
five  hundred  dollars.     Act  March  2,  1799,  §  33,  34. 

§  142.  Vessel  having  distilled  spirits,  wines,  or  teas  for 
another  port  to  procure  certificate  of  surveyor.  —  In  addition 
to  the  provisions  and  requirements  aforesaid,  it  shall  be  the 
duty  of  every  master,  or  other  person  having  the  charge  or 
command  of  any  vessel,  arriving  from  any  foreign  port  or 
place,  having  on  board  distilled  spirits,  wines,  or  teas,  other 
than  sea  stores,  intended  to  be  transported  from  one  port  of 
the  United  States  to  another  port  in  the  said  United  States, 
whether  in  the  same  or  in  different  districts,  previous  to  the 
departure  of  such  ship  or  vessel  from  the  port  at  which  she 
shall  first  arrive,  to  apply  to  the  surveyor,  or  officer  acting  as 
inspector  of  the  revenue  for  the  port,  for  a  certificate  of  the 
quantity  and  particulars  of  such  spirits,  wines,  or  teas  as  shall 
have  been  certified  or  reported  to  him  to  have  been  imported 
in  such  ship  or  vessel,  and  of  the  quantity  and  particulars  of 
such  spirits,  wines,  or  teas  as  shall  appear  to  have  been  landed 
out  of  such  ship  at  such  port,  which  certificate  the  surveyor 
or  inspector  of  the  revenue  shall  forthwith  grant ;  and  the 
master,  or  person  having  the  charge  or  command  of  such  ship 
or  vessel,  shall,  within  twenty -four  hours  after  her  arrival  at 
the  port  to  which  she  shall  be  bound,  deliver  the  said  certifi- 
cate to  the  surveyor,  or  person  acting  as  inspector  of  the 
revenue,  of  such  last-mentioned  port ;  and  if  such  ship  or 
vessel  shall  proceed  from  one  port  to  another  within  the 
United  States  with  the  whole  or  any  part  of  the  spirits,  wines, 
or  teas  brought  in  her,  as  aforesaid,  without  having  first  obtained 
such  certificate,  or  if,  within  twenty-four  hours  after  her  arrival 
at  such  other  port,  the  said  certificate  shall  not  be  delivered  to 
the  surveyor,  or  inspector,  as  aforesaid,  the  master,  or  person 
having  the  charge  or  command  of  the  said  ship  or  vessel,  shall, 
in  either  case,  forfeit  the  sum  of  five  hundred  dollars,  and  the 
spirits,  wines,  or  teas  on  board  her  shall  be  forfeited,  and  may 
be  seized.     Ibid.  §  35. 


94  ENTRY   OF   VESSELS   FROM   FOREIGN   PORTS. 

§  143.  Vessel  putting  in  from  distress  to  report  as  in  other 
cases.  —  If  any  ship  or  vessel  from  any  foreign  port,  com- 
pelled by  distress  of  weather  or  other  necessity,  shall  put  into 
any  port  of  the  United  States,  not  being  destined  for  the  same, 
and  if  the  master  of  any  such  ship  or  vessel,  together  with 
the  mate  or  person  next  in  command,  shall,  within  twenty-four 
hours  after  her  arrival,  make  protest,  in  the  usual  form,  before 
a  notary  public  or  other  person  duly  authorized,  or  before  the 
collector  of  the  district,  setting  forth  the  cause  jor  circumstance 
of  such  distress  or  necessity,  which  protest,  if  not  made  before 
the  collector,  shall  be  produced  to  him  and  to  the  naval  officer, 
(if  any  there  be,)  and  a  copy  thereof  lodged  with  him  or 
them ;  and  the  master  shall  also,  within  forty-eight  hours  after 
such  arrival,  make  report  in  writing,  to  the  said  collector,  of 
the  said  ship  or  vessel  and  her  cargo,  as  is  directed  hereby  to 
be  done  in  other  cases,  and  if  it  shall  be  made  to  appear  to  the 
said  collector,  by  the  certificate  of  the  wardens  of  the  port,  if 
any  such  there  be,  or  by  the  certificate  of  any  two  reputable 
merchants,  to  be  named  for  that  purpose  by  the  said  collector, 
if  no  such  wardens  or  other  officers  duly  qualified  there  be, 
that  there  is  a  necessity  for  unlading  the  said  ship  or  vessel, 
the  said  collector  and  naval  officer  (where  any)  shall  grant  a 
permit  for  that  purpose,  and  shall  appoint  an  inspector  or 
inspectors  to  oversee  such  unlading,  who  shall  keep  an  account 
of  the  same,  to  be  compared  with  the  report  made  by  the 
master ;  and  all  goods,  wares,  and  merchandise  so  unladen 
shall  be  stored  under  the  direction  of  the  said  collector,  who, 
upon  the  request  of  the  master,  or  person  having  the  charge 
or  command  of  such  ship  or  vessel,  or  of  the  owner  or  owners 
thereof,  shall,  together  with  the  naval  officer,  (where  there  is 
one,)  grant  permission  to  dispose  of  such  part  of  the  said  cargo 
as  may  be  of  a  perishable  nature,  (if  any  there  be,)  or  as 
may  be  necessary  to  defray  the  expenses  attending  such  ship 
or  vessel  and  her  cargo :  Provided,  That  the  duties  thereon, 
as  in  other  cases,  shall  be  first  paid,  or  secured  to  be  paid  ; 
And  provided,  That  in  case  the  delivery  of  the  cargo  do  not 
agree  with  the  report  thereof  made  by  the  master,  and  if  the 
difference  or  disagreement  be  not  satisfactorily  accounted  for, 
the  master,  or  other  person  having  the  charge  or  command  of 
snch  ship  or  vessel,  shall  be  liable  to  such  penalties  as  in  other 
like  cases  are  prescribed.  And  the  said  goods,  wares,  and 
merchandise,  or  the  remainder  thereof,  which  shall  not  be 
disposed  of  as  aforesaid,  may  afterward  be  reladen  on  board 
the  said  ship  or  vessel,  under  the  inspection  of  the  officer  who 


CLEARANCE   OF   VESSELS   FROM   FOREIGN   PORTS.       95 

superintended  the  landing  thereof,  or  other  proper  person  ; 
and  the  said  ship  or  vessel  may  proceed  with  the  same  to  the 
place  of  her  destination,  free  from  any  other  charge  than  for 
the  storing  and  safe  keeping  of  the  said  goods,  and  fees  to  the 
officers  of  the  customs  as  in  other  cases.1 


CLEARANCE  OF  VESSELS  FOR  FOREIGN 
PORTS. 

§  144.  Master  to  produce  manifest  of  cargo.  —  The  master, 
or  person  having  the  charge  or  command  of  any  ship  or  vessel 
bound  to  a  foreign  port  or  place,  shall  deliver  to  the  collector 
of  the  district  from  which  such  ship  or  vessel  shall  be  about 
to  depart  a  manifest  of  all  the  cargo  on  board  the  same,  and 
the  value  thereof,  by  him  subscribed,  and  shall  swear  or  affirm 
to  the  truth  thereof;  whereupon  the  said  collector  shall  grant 
a  clearance  for  such  ship  or  vessel  and  her  cargo,  but  without 
specifying  the  particulars  thereof  in  such  clearance,  unless 
required  by  the  said  master,  or  other  person  having  the  charge 
or  command  of  such  ship  or  vessel,  so  to  do.  And  if  any  ship 
or  vessel,  bound  to  a  foreign  port  or  place,  shall  depart  on  her 
voyage  to  such  foreign  port  or  place  without  delivering  such 
manifest  and  obtaining  a  clearance,  as  hereby  required,  the 
said  master,  or  other  person  having  the  charge  or  command  of 
such  ship  or  vessel,  shall  forfeit  and  pay  the  sum  of  five  hun- 
dred dollars  for  every  such  offense.     Act  March  2,  1799,  §  93. 

§  145.  Shippers  to  deliver  manifests.  —  Before  a  clearance 
shall  be  granted  for  any  vessel  bound  to  a  foreign  place,  the 
owners,  shippers,  or  consignors  of  the  cargo  on  board  of  such 
vessel  shall  deliver  to  the  collector  manifests  of  the  cargo,  or 
the  parts  thereof  shipped  by  them  respectively,  and  shall  verify 
the  same  by  oath  or  affirmation  ;  and  such  manifests  shall 
specify  the  kinds  and  quantities  of  the  articles  shipped  by 
them  respectively,  and  the  value  of  the  total  quantity  of  each 
kind  of  articles  ;  and  such  oath  or  affirmation  shall  state  that 
such  manifest  contains  a  full,  just,  and  true  account  of  all 
articles  laden  on  board  of  such  vessel  by  the  owners,  shippers, 
or  consignors,  respectively,  and  that  the  values  of  such  articles 
are  truly  stated,  according  to  their  actual  cost,  or  the  values 

l  Spanish  vessels,  by  the  act  of  Feb.  14,  1805,  are  relieved  from  the 
payment  of  any  charges  or  fees  whatever. 


96   CLEARANCE  OP  VESSELS  FROM  FOREIGN  PORTS. 

which  they  truly  bear  at  the  port  and  time  of  exportation  ;  and, 
before  a  clearance  shall  be  granted  for  any  such  vessel,  the 
master  of  every  such  vessel,  and  the  owners,  shippers,  and 
consignors  of  the  cargo,  shall  state,  upon  oath  or  affirmation, 
to  the  collector,  the  foreign  place  or  country  in  which  such 
cargo  is  truly  intended  to  be  landed ;  and  the  said  oaths  or 
affirmations  shall  be  taken  and  subscribed  in  writing.1  Act 
February  10,  1820,  §11. 

§  146.  Collectors  and  other  officers  of  the  customs  are  re- 
quired to  pay  due  regard  to  the  inspection  laws  of  the  states 
in  which  they  may  respectively  act,  in  such  manner  that  no 
vessel  having  on  board  goods  liable  to  inspection  shall  be 
cleared  out  until  the  master  or  other  proper  person  shall  have 
produced  such  certificate  that  all  such  goods  have  been  duly 
inspected  as  the  laws  of  the  respective  states  do  or  may  re- 
quire to  be  produced  to  collectors  or  other  officers  of  the 
customs.  They  are  also  directed  to  require  the  production  of 
receipts  for  the  payment  of  all  legal  fees  and  charges  which 
shall  have  accrued  on  any  ship  or  vessel  before  any  clearance 
is  granted. 

§  147.  Master  of  vessel  to  deliver  list  of  crew  before  clear- 
ance. —  Before  a  clearance  be  granted  to  any  vessel  bound 
on  a  foreign  voyage,  the  master  thereof  shall  deliver  to  the 
collector  of  the  customs  a  list  containing  the  names,  places  of 
birth,  and  residence,  and  a  description  of  the  persons  who 
compose  his  ship's  company,  to  which  list  the  oath  or  affirma- 
tion of  the  captain  shall  be  annexed  that  the  said  list  contains 
the  names  of  his  crew,  together  with  the  places  of  their  birth 
and  residence,  as  far  as  he  can  ascertain  them ;  and  the  said 
collector  shall  deliver  him  a  certified  copy  thereof,  for  which 
the  collector  shall  be  entitled  to  receive  the  sum  of  twenty-five 
cents ;  and  the  said  master  shall,  moreover,  enter  into  bond 
with  sufficient  security,  in  the  sum  of  four  hundred  dollars, 
that  he  shall  exhibit  the  aforesaid  certified  copy  of  the  list  to 
the  first  boarding  officer,  at  the  first  port  in  the  United  States 
at  which  he  shall  arrive  on  his  return  thereto,  and  then  and 
there  also  produce  the  persons  named  therein  to  the  said 

1  Merchandise  of  the  growth,  production,  or  manufacture  of  the  United 
States,  exported  to  a  foreign  country  and  brought  back  to  the  United  States 
in  the  same  condition,  can  not  be  brought  back  without  payment  of  duties 
on  the  reimportation,  unless  the  provisions  of  this  section  be  complied  with, 
the  forty-eighth  section  of  the  act  of  March  2,  1799,  having  made  it  requi- 
site to  free  entry  on  reimportation  that  the  merchandise  should  have  been 
duly  cleared  out  on  its  original  exportation  from  the  United  States.  The 
outward  manifest  furnishes  the  only  legal  evidence  of  the  national  origin 
of  the  goods ;  and  no  other  evidence  is  admissible. 


THE  COASTING  TRADE.  97 

boarding  officer,  whose  duty  it  shall  be  to  examine  the  men 
with  such  list,  and  to  report  the  same  to  the  collector ;  and  it 
shall  be  the  duty  of  the  collector  at  the  said  port  of  arrival 
(where  the  same  is  different  from  the  port  from  which  the 
vessel  originally  sailed)  to  transmit  a  copy  of  the  list  so 
reported  to  him  to  the  collector  of  the  port  from  which  said 
vessel  originally  sailed :  Provided,  That  the  said  bond  shall 
not  be  forfeited  on  account  of  the  said  master  not  producing 
to  the  first  boarding  officer,  as  aforesaid,  any  of  the  persons 
contained  in  the  said  list  who  may  be  discharged  in  a  foreign 
•  country  with  the  consent  of  the  consul,  vice  consul,  commercial 
agent,  or  vice  commercial  agent  there  residing,  signified  in 
writing  under  his  hand  and  official  seal,  to  be  produced  to  the 
collector  with  the  other  persons  composing  the  crew,  as  afore- 
said, nor  on  account  of  any  such  person  dying  or  absconding, 
or  being  forcibly  impressed  into  other  service,  of  which  satis- 
factory proof  shall  be  then  also  exhibited  to  the  collector. 
Act  February  28,  1803,  §  1. 


THE  COASTING  TEADE. 

§  148.  What  vessels  may  engage  in  this  trade.  —  None  other 
than  vessels  of  the  United  States,  duly  enrolled  and  licensed,  or, 
if  of  less  than  twenty  tuns  burden,  duly  licensed  therefor,  are 
entitled  to  absolute  freedom  of  the  coasting  trade.  Vessels 
sailing  under  certificates  of  registry,  and  certified  bills  of  sale, 
may  engage  in  said  trade,  but  vessels  sailing  under  the  first- 
named  papers  are  only  entitled  to  a  qualified  trade  in  connec- 
tion with  their  foreign  trade,  and  are  required  to  enter  and 
clear  at  every  port  at  which  they  may  arrive,  while  those  ves- 
sels sailing  under  the  second  are  prohibited  from  transporting 
merchandise  of  foreign  production  or  manufacture  and  spirits 
distilled  in  the  United  States,  and  moreover  are  subject  to  a 
tunnage  duty  in  every  port  which  they  may  enter. 

§149.  Sea  coast  divided  into  three  great  districts.  —  By  the 
acts  of  March  2,  1819,  and  May  7,  1822,  the  sea  coast  and 
navigable  rivers  of  the  United  States  were  divided  into  three 
great  districts  ;  the  first  to  include  all  the  collection  districts  be- 
tween the  eastern  limits  of  the  United  States  and  the  southern 
limits  of  Georgia ;  the  second,  all  the  ports,  harbors,  sea 
coasts,  and  navigable  rivers  between  the  southern  limits  of 
9 


98  THE  COASTING  TRADE. 

Georgia  and  the  River  Perdido,  the  boundary  between  the 
States  of  Florida  and  Alabama  ;  and  the  third,  all  the  sea  coast 
and  navigable  rivers  between  the  said  River  Perdido  and  the 
western  limits  of  the  United  States. 

§  150.  What  vessels  may  trade  between  said  districts  with' 
out  clearing  and  entering,  and  when.  —  Vessels  of  twenty 
tuns  burden  or  upward,  licensed  for  the  coasting  trade,  bound 
from  one  collection  district  included  in  one  great  coasting  dis- 
trict to  another  within  the  same  great  district,  or  between  a 
state  in  one  and  an  adjoining  state  in  another  great  district,  or 
vessels  of  less  than  twenty  tuns  burden,  licensed  for  the  coast- 
ing trade,  bound  from  a  collection  district  in  one  state  to  a 
collection  district  in  the  same  or  an  adjoining  state,  on  the  sea 
coast  or  navigable  waters  of  the  United  States,  having  on 
board  goods,  wares,  or  merchandise  of  the  growth  or  product 
of  the  United  States  only,  (except  distilled  spirits,)  or  dis- 
tilled spirits  not  exceeding  500  gallons,  or  wine  in  casks  not 
exceeding  250  gallons,  or  wine  in  bottles  not  exceeding  100 
dozens,  or  sugar  in  casks  or  boxes  not  exceeding  3000 
pounds,  or  tea  in  chests  or  boxes  not  exceeding  500  pounds, 
or  coffee  in  casks  or  bags  not  exceeding  1000  pounds,  or  for- 
eign merchandise  in  packages  as  imported  not  exceeding  in 
value  $400,  or  foreign  merchandise  of  any  kind,  including 
any  or  all  of  the  articles  before  mentioned,  the  aggregate  value 
of  which  does  not  exceed  $800,  the  duties  upon  which  have 
been  paid  or  secured,  may  proceed  from  one  place  to  another, 
within  the  limits  aforesaid,  without  delivering  a  manifest  there- 
of, or  obtaining  a  permit  to  depart  from  any  officer  of  the  cus- 
toms. 

§  151.  But  master  must  be  provided  with  manifest,  and  ex- 
hibit the  same  if  required.  —  In  all  cases,  if  any  cargo  be  on 
board,  the  master  of  every  such  vessel  shall  be  provided  with 
a  manifest,  by  him  subscribed,  of  the  lading,  of  what  kind 
soever,  which  was  on  board  such  ship  or  vessel  at  the  time  of 
his  departure  from  the  district  from  which  she  last  sailed  ;  and 
if  the  same,  or  any  part  of  such  lading,  consist  of  distilled 
spirits,  or  goods,  wares,  or  merchandise  of  foreign  growth  or 
manufacture,  with  the  marks  and  numbers  of  each  cask,  bag, 
box,  chest,  or  package  containing  the  same,  with  the  name  of 
the  shipper  and  consignee  of  each ;  which  manifest  shall  be 
by  him  exhibited  for  the  inspection  of  any  officer  of  the  rev- 
enue, when  by  such  officer  thereunto  required ;  and  he  shall 
also  inform  such  officer  from  whence  such  ship  or  vessel  last 
sailed,  and  how  long  she  has  been  in  port,  when  by  him  so 


THE  COASTING  TRADE.  99 

interrogated.  And  if  the  master  of  such  ship  or  vessel  shall 
not  be  provided,  on  his  arrival  within  any  such  district,  with  a 
manifest,  and  exhibit  the  same,  as  herein  required,  if  the 
lading  of  such  ship  or  vessel  consist  wholly  of  goods,  the 
produce  or  manufacture  of  the  United  States,  (distilled  spirits 
excepted,)  he  shall  forfeit  twenty  dollars  ;  or  if  there  be  dis- 
tilled spirits,  or  goods,  wares,  or  merchandise  of  foreign  growth 
or  manufacture,  on  board,  excepting  what  may  be  sufficient 
for  sea  stores,  he  shall  forfeit  forty  dollars  ;  or  if  he  shall  re- 
fuse to  answer  the  interrogatories  truly,  as  is  herein  required, 
he  shall  forfeit  the  sum  of  one  hundred  dollars.  And  if  any 
of  the  goods  laden  on  board  such  ship  or  vessel  shall  be  of 
foreign  growth  or  manufacture,  or  of  spirits  distilled  within 
the  United  States,  so  much  of  the  same  as  may  be  found  on 
board  such  ship  or  vessel,  and  which  shall  not  be  included  in 
the  manifest  exhibited  by  such  master,  shall  be  forfeited.  Act 
February  20,  1793,  §  18. 

§  152.  Vessels  trading  between  said  districts  must  clear  and 
enter,  when.  —  The  master  of  every  vessel  of  the  burden  of 
twenty  tuns  or  upwards,  licensed  for  the  coasting  trade,  bound 
from  one  collection  district  to  another  collection  district  within 
the  same  great  coasting  district,  or  from  a  state  in  one  to  an 
adjoining  state  in  another  great  district,  or  of  a  vessel  of  less 
than  twenty  tuns,  licensed  as  aforesaid,  bound  from  a  collection 
district  in  one  state  to  a  collection  district  in  the  same  or  an 
adjoining  state,  having  on  board  any  of  the  articles  of  foreign 
production  or  manufacture,  or  spirits  distilled  in  the  United 
States,  exceeding  the  quantities  or  value  mentioned  in  the 
second  preceding  section,  or  any  or  all  of  said  articles  exceed- 
ing the  value  of  eight  hundred  dollars  in  the  aggregate,  is  re- 
quired, previous  to  the  departure  of  the  vessel,  to  make  out 
and  subscribe  duplicate  manifests  of  the  whole  cargo  on  board ; 
and  if  there  be  a  collector  of  the  customs  or  surveyor  within 
Jive  miles  of  the  port  where  the  vessel  may  be,  he  must  swear 
or  affirm  to  the  truth  of  said  manifest,  and  also  that  the 
articles  of  foreign  production  or  manufacture,  contained  in 
said  manifest,  were,  according  to  the  best  of  his  knowledge 
and  belief,  legally  imported,  and  that  the  duties  thereupon 
have  been  paid  or  secured.  This  oath  having  been  taken, 
one  of  the  manifests,  duly  certified  by  the  collector  or  sur- 
veyor, will  be  returned  to  the  master,  with  a  permit  for  the 
departure  of  the  vessel  indorsed  thereon. 

§  1,53.  Penalty  for  departing  without  delivery  of  manifest, 
and  obtaining  -permit.  —  And  if  any  ship  or  vessel,  being 


100  THE  COASTING  TRADE. 

laden  and  destined  as  aforesaid,  shall  depart  from  the  port 
where  she  may  then  be,  without  the  master  or  commander 
having  first  .made  out  and  subscribed  duplicate  manifests  of 
the  lading  on  board  such  ship  or  vessel,  and  in  case  there  be 
a  collector  or  surveyor  residing  at  such  port,  or  within  five 
miles  thereof,  without  having  previously  delivered  the  same  to 
the  said  collector  or  surveyor,  and  obtaining  a  permit,  in  man- 
ner as  is  herein  required,  such  master  or  commander  shall 
pay  one  hundred  dollars.     Act  February  20,  1793,  §  14. 

§  154.  Master  to  deliver  manifest  on  arrival,  and  obtain 
permit  to  unlade.  —  On  the  arrival  of  such  vessel  at  the  port 
of  destination,  within  the  limits  aforesaid,  if  there  be  a  col- 
lector or  surveyor  within  five  miles  thereof,  the  master  must, 
before  unlading  any  fart  of  his  cargo,  exhibit  to  said  col- 
lector or  surveyor  the  certified  manifest  before  mentioned ; 
or  if  no  certified  manifest  was  obtained,  there  being  no  col- 
lector or  surveyor  residing  within  five  miles  of  the  place  of 
departure,  then  he  must  produce  the  duplicate  manifest  be- 
fore mentioned,  to  the  truth  of  which  he  must  make  oath  or 
affirmation,  when  a  permit  for  unlading  the  cargo  will  be 
granted. 

§  155.  Goods  taken  on  board  or  landed  after  clearance  to 
be  reported.  —  And  if  there  have  been  taken  on  board  such 
vessel  any  other  or  more  goods  than  are  contained  in  such 
manifest  or  manifests,  since  her  departure  from  the  port  from 
whence  she  first  sailed,  or  if  any  goods  have  been  since  landed, 
the  said  master  or  commander  shall  make  known  and  particu- 
larize the  same  to  the  said  collector  or  surveyor,  or,  if  no  such 
goods  have  been  so  taken  on  board  or  landed,  he  shall  so  de- 
clare, to  the  truth  of  which  he  shall  swear  or  affirm.  Act 
February  20,  1793,  §  15. 

§  156.  If  there  be  no  collector  or  surveyor  within  five  miles, 
vessel  may  unlade,  and  report  at  first  port.  —  If  there  be  no 
collector  or  surveyor  residing  at,  or  within  five  miles  of,  the 
said  port  of  her  arrival,  the  master  or  commander  of  such  ves- 
sel may  proceed  to  discharge  the  lading  from  on  board  such 
vessel,  but  shall  deliver  to  the  collector  or  surveyor  residing 
at  the  first  port  where  he  may  next  afterwards  arrive,  and 
within  twenty-four  hours  of  his  arrival,  the  manifest  or  man- 
ifests aforesaid,  noting  thereon  the  times  when,  and  places 
where,  the  goods  therein  mentioned  have  been  unladen,  to  the 
truth  of  which,  before  the  said  last-mentioned  collector  or  sur- 
veyor, he  shall  swear  or  affirm.     Ibid. 

§  157.   Penalty  for  neglect  to  deliver  manifest.  —  And  if 


THE   COASTING   TRADE.  101 

the  master  of  any  such  vessel,  being  laden  as  aforesaid,  shall 
neglect  or  refuse  to  deliver  the  manifest  or  manifests  at  the 
times  and  in  the  manner  herein  directed,  he  shall  pay  one 
hundred  dollars.     Ibid.  ■"?*»?'?  *  *  '    '   z 

§  158.  Enrolled  and  b' censed  vessels  trading  between  one 
great  district  and  anolher/registeYvd  vessels  trading  between 
one  collection  district  and  another,'  and  (icehsed  vessels  under 
twenty  tuns  trading  between  one  state  and  another,  required  to 
clear  and  enter,  whether  laden  or  in  ballast,  with  certain  ex- 
ceptions. —  The  master  of  every  vessel  of  the  burden  of  twenty 
tuns  or  upwards,  licensed  for  the  coasting  trade,  bound  from 
one  great  coasting  district  to  another  great  coasting  district, 
other  than  from  a  state  in  one  to  an  adjoining  state  in  another, 
or  of  a  registered  vessel  bound  from  one  collection  district  to 
another  collection  district,  or  of  a  vessel  of  less  than  twenty 
tuns  burden,  licensed  for  the  coasting  trade,  bound  to  any 
collection  district  other  than  a  collection  district  in  the  same 
or  an  adjoining  state,  on  the  sea  coast  or  navigable  waters  of 
the  United  States,  must,  previously  to  his  departure,  deliver 
to  the  collector  residing  at  the  port,  or  if  there  be  no  collector 
at  such  port,  to  the  collector  of,  or  a  surveyor  residing  within, 
the  district,  as  the  one  or  the  other  may  reside  nearest  to  the 
port  where  the  vessel  may  be,  duplicate  manifests  of  the 
whole  cargo  on  board  such  vessel,  to  which  he  must  make 
oath  or  affirmation,  or  if  there  be  no  cargo  on  board  other 
than  sea  stores,  he  must  so  declare  ;  whereupon  the  collector 
or  surveyor  will  grant  a  permit  to  depart,  as  in  the  preceding 
case,  indorsing  the  same  on  the  duplicate  manifest,  if  the  ves- 
sel have  a  cargo  on  board,  and  certifying  to  the  fact  if  she  be 
in  ballast. 

§  159.  Penalty  for  non-compliance  with  these  requirements. 
—  And  if  any  such  vessel  shall  depart  from  the  port  where  she 
may  then  be,  having  distilled  spirits,  or  goods,  wares,  or  mer- 
chandise of  foreign  growth  or  manufacture,  on  board,  without 
the  several  things  herein  required  being  complied  with,  the 
master  thereof  shall  forfeit  one  hundred  dollars;  or,  if  the 
lading  be  of  goods,  the  growth  or  manufacture  of  the  United 
States  only,  or  if  such  vessel  have  no  cargo,  and  she  depart, 
without  the  several  things  herein  required  being  complied 
with,  the  said  master  shall  forfeit  and  pay  fifty  dollars.  Act 
February  20, 1793,  §  16. 

§  1 60.  Manifest  to  be  delivered  previous  to  unlading.  — 
On  the  arrival  of  any  such  vessel  at  her  port  of  destination, 
the   master  thereof,  within  twenty-four  hours   thereafter,  is 


102  THE  COASTING  TRADE. 

required  to  deliver  to  the  collector  residing  at  such  port  of 
arrival,  if  there  be  one,  or  to  a  collector  or  a  surveyor  within 
the  district,  if  either  reside  within  five  miles  of  such  port,  or 
within  forty^iglii  hours'  after  -  His  'arrival  if  there  be  no  col- 
lector or  surveyor  residing  within  five  miles,  and  previous  to 
unlading  any' rfart  of  "tlie'cargf),  fne  certified  manifest  of  the 
whole  c&r'go  On'boardVto'the  truth  of  which  he  must  make 
oath  ;  or  if  the  vessel  be  in  ballast,  the  certificate  granted  by 
the  collector  or  surveyor  at  the  port  of  departure,  to  the  truth 
of  which  he  must  likewise  swear  or  affirm. 

§  161.  Penalty  for  neglecting  to  deliver  manifest. — And 
if  the  master  of  such  vessel  shall  neglect  or  refuse  to  deliver 
the  manifest  (or,  if  she  has  no  cargo,  the  certificate)  within 
the  time  herein  directed,  he  shall  forfeit  one  hundred  dollars ; 
and  the  goods,  wares,  and  merchandise,  of  foreign  growth  or 
manufacture,  or  distilled  spirits,  found  on  board,  or  landed 
from  such  ship  or  vessel,  not  being  certified,  as  is  herein  re- 
quired, shall  be  forfeited ;  and  if  the  same  shall  amount  to 
the  value  of  eight  hundred  dollars,  such  ship  or  vessel,  with 
her  tackle,  apparel,  and  furniture,  shall  be  also  forfeited.  Act 
February  20,  1793,  §  17. 

§  162.  When  part  of  cargo  is  destined  for  another  district, 
how  to  proceed.  —  And  when  a  part  only  of  the  goods,  wares, 
and  merchandise,  of  foreign  growth  or  manufacture,  or  of 
distilled  spirits,  brought  in  such  ship  or  vessel,  is  intended  to 
be  landed  at  the  first  port  of  arrival,  the  collector  or  surveyor 
shall  make  an  indorsement  of  such  part  on  the  back  of  the 
manifest,  specifying  the  articles  to  be  landed,  and  shall  return 
such  manifest  to  the  master,  indorsing  also  thereon  his  per- 
mission for  such  ship  or  vessel  to  proceed  to  the  place  of  her 
destination. 

§  163.  When  a  vessel  pats  into  a  port  other  than  of  desti- 
nation, master  must  report  arrival.  —  Whenever  a  vessel  em- 
ployed in  transporting  goods  coastwise  shall  put  into  a  port 
other  than  the  one  to  which  she  is  bound,  the  master,  within 
twenty-four  hours  after  his  arrival,  if  he  continue  so  long,  is 
required  to  report  to  the  principal  officer  of  the  port  his  arrival, 
the  place  from  whence  he  came,  and  where  he  is  bound,  with 
an  account  of  the  lading  on  board  his  vessel ;  and  if  the  master 
of  such  ship  or  vessel  shall  neglect  or  refuse  to  do  the  same, 
he  shall  forfeit  twenty  dollars.     Act  February  20,  1793,  §  22. 

§  164.  When  manifest  of  vessel  having  foreign  goods  on 
board  is  lost  or  mislaid,  bond  may  be  taken.  —  In  case  the 
master  of  a  vessel  employed  in  the  coasting  trade,  having  on 


THE   COASTING  TRADE.  103 

board  goods  of  foreign  growth  or  manufacture,  or  distilled 
spirits,  shall  have  lost  or  mislaid  the  certified  manifest  of  his 
cargo,  or  the  permit  received  from  the  collector  or  surveyor 
of  the  district  from  which  he  departed,  he  shall  give  bond  for 
the  payment,  within  six  months,  of  the  duties  on  said  articles 
of  foreign  growth  or  manufacture,  or  distilled  spirits,  as  though 
said  articles  had  been  imported  from  a  foreign  country.  Such 
bond  may  be  canceled  within  six  months,  on  producing  a 
certificate  from  the  collector  or  surveyor  of  the  district  from 
whence  the  vessel  sailed,  that  such  articles  were  legally  ex- 
ported in  such  vessel  from  said  district.1 

§  165.  Foreign  vessels  proceeding  coashvise.  —  Vessels 
belonging  wholly  or  in  part  to  citizens  or  subjects  of  a  foreign 
state  or  power,  though  prohibited  from  engaging  in  the  coasting 
trade,2  may  nevertheless  proceed  from  port  to  port  in  ballast ; 
or  having  been  in  part  laden  at  one  port  with  merchandise 
intended  to  be  exported,  they  may  proceed  to  another  port, 
wTith  the  same  on  board,  for  the  purpose  of  there  completing 
their  lading.  But  the  master  of  every  such  vessel,  bound 
from  a  district  in  the  United  States  to  any  other  district  within 
the  same,  shall,  in  all  cases  previous  to  her  departure  from 
such  district,  deliver  to  the  collector  of  such  district  duplicate 
manifests  of  the  lading  on  board  such  vessel,  if  there  be  any, 
or  if  there  be  none,  he  shall  declare  that  such  is  the  case,  and 
to  the  truth  of  such  manifests  or  declaration  he  shall  swear  or 
affirm,  and  also  obtain  a  permit  from  the  said  collector,  author- 
izing him  to  proceed  to  the  place  of  his  destination.  And  the 
master  of  every  such  vessel,  on  his  arrival  within  any  district, 
from  any  other  district,  shall,  in  all  cases,  within  forty-eight 
hours  after  his  arrival,  deliver  to  the  collector  of  the  district 
where  he  may  have  arrived,  a  manifest  of  the  goods  laden  on 
board  such  vessel,  if  any  there  be,  or,  if  in  ballast  only,  he 
shall  so  declare,  and  to  the  truth  of  which  manifest  or  decla- 
ration he  shall  swear  or  affirm ;  and  also,  that  such  manifest 
contains  an  account  of  all  the  goods,  wares,  and  merchandise, 
which  were  on  board  such  ship  or  vessel  at  the  time,  or  have 
been  since  her  departure  from  the  place  from  whence  she  shall 
be  reported  last  to  have  sailed ;  and  he  shall  also  deliver  to 
such  collector  the  permit  which  was  given  him  from  the  col- 
lector of  the  district  from  whence  he  sailed.     And  if  the  master 

1  Bonds  of  this  description,  if  not  canceled  in  the  manner  described,  will 
be  reported  for  suit  immediately  after  the  lapse  of  twenty  days  from  the  date 
of  maturity.     Gen.  Reg.  Art.  143. 

2  Act  March  1,  1817,  §  4. 


104  THE   COASTING   TRADE. 

or  commander  of  any  such  vessel  shall  neglect  or  refuse  com- 
plying with  any  of  the  requirements  herein  made,  he  shall 
forfeit  one  hundred  dollars.1 

§  16G.  Permit  to  touch  and  trade.  —  When  any  vessel, 
licensed  for  carrying  on  the  fishery,  shall  be  intended  to  touch 
and  trade  at  any  foreign  port  or  place,  it  shall  be  the  duty  of 
the  master  or  owner  to  obtain  permission  for  that  purpose 
from  the  collector  of  the  district  where  such  vessel  may  be, 
previous  to  her  departure  ;  and  the  master  of  every  such  ves- 
sel shall  deliver  like  manifests,  and  make  like  entries,  both  of 
the  ship  or  vessel,  and  of  the  goods,  wares,  or  merchandise  on 
board,  within  the  same  time,  and  under  the  same  penalty,  as 
by  the  laws  of  the  United  States  are  provided  for  ships  or 
vessels  of  the  United  States  arriving  from  a  foreign  port. 
And  if  any  ship  or  vessel,  licensed  for  carrying  on  the  fish- 
eries, shall  be  found  within  three  leagues  of  the  coast,  with 
goods,  wares,  or  merchandise,  of  foreign  growth  or  manufacture, 
exceeding  the  value  of  five  hundred  dollars,  without  having 
such  permission  as  is  herein  directed,  such  ship  or  vessel, 
together  with  the  goods,  wares,  or  merchandise,  of  foreign 
growth  or  manufacture,  imported  therein,  shall  be  subject  to 
seizure  and  forfeiture.     Act  February  20,  1793,  §  21. 

§  1 67.  Registered  steamships  or  other  vessels  may  engage  in 
coasting  trade  with  privilege  of  touching  at  foreign  ports.  It 
shall  be  lawful  for  any  steamship  or  other  vessel,  on  being  duly 
registered,  to  engage  in  trade  between  one  port  in  the  United 
States  and  one  or  more  ports  within  the  same,  with  the  privi- 
lege of  touching  at  one  or  more  foreign  ports  during  the  voy- 
age, and  land  and  take  in  thereat  merchandise,  passengers 
and  their  baggage,  and  letters  and  mails :  Provided,  That  all 
such  vessels  shall  be  furnished,  by  the  collectors  of  the  ports 
at  which  they  shall  take  in  their  cargoes  in  the  United  States, 
with  certified  manifests  setting  forth  the  particulars  of  the 
cargoes,  the  marks,  number  of  packages,  by  whom  shipped,  to 
whom  consigned,  at  what  port  to  be  delivered;  designating 
such  goods  as  are  entitled  to  the  privilege  of  being  placed  in 
warehouse.2  And  the  masters  of  all  such  vessels  shall,  on 
their  arrival  at  any  port  of  the  United  States  from  any  foreign 
port  at  which  such  vessel  may  have  touched,  as  herein 
provided,  conform  to  the  laws  providing  for  the  delivery  of 
manifests,  of  cargo  and  passengers  taken  on  board  at  such 

1  Act  February  20,  1793,  §  24. 

8  That  is,  goods  in  course  of  transportation  under  bond,  from  one  port  to 
another  in  the  United  States. 


INVOICES.  105 

foreign  port,  and  all  other  laws  regulating  the  report  and  entry 
of  vessels  from  foreign  ports,  and  be  subject  to  all  the  penalties 
therein  prescribed. 

§  168.  All  vessels,  and  their  cargoes,  engaged  in  the  trade 
referred  to  in  this  act,  shall  become  subject  to  the  provisions 
of  existing  collection  and  revenue  laws  on  arrival  in  any  port 
of  the  United  States:1  Provided,  That  any  foreign  goods, 
wares,  or  merchandise  taken  in  at  a  port  in  the  United  States, 
to  be  conveyed  in  said  vessels  to  any  other  port  within  the 
same,  under  the  provisions  of  the  warehousing  acts,  as  well  as 
any  goods,  wares,  or  merchandise,  on  which  the  import  dude's 
chargeable  by  law  shall  have  been  duly  paid,  shall  not  become 
subject  to  any  import  duty  by  reason  of  the  vessel  in  which 
they  may  arrive  having  touched  at  a  foreign  port  during  the 
voyage,  in  pursuance  of  the  privilege  given  in  this  act.  Act 
May  27,  1818,  §  1,2. 


INVOICES. 


§  169.  No  goods  to  be  admitted  to  entry  without  invoice.  — 
No  goods,  wares,  or  merchandise,  subject  to  ad  valorem  duty, 
and  imported  into  the  United  States,  shall  be  admitted  to  an 
entry,  unless  the  true  invoice  of  the  same  be  presented  to  the 
collector  at  the  time  of  entry,  or  unless  the  same  be  admitted 
in  the  mode  authorized  and  prescribed  in  the  next  ensuing 
section  of  this  act : 2  Provided,  That  this  prohibition  shall  not 
extend  to  such  goods,  wares,  or  merchandise,  as  shall  have 
been  taken  from  a  wreck.     Act  March  1,  1823,  §  1. 

§  170.  Invoice  must  be  in  currency  of  country  from  which 
importation  is  made.  —  The  invoices  of  all  goods,  imported 
into  the  United  States,  and  subject  to  a  duty  ad  valorem,  shall 
be  made  out  in  the  currency  of  the  place  or  country  from 
whence  the  importation  shall  be  made,  and  shall  contain  a 
true  statement  of  the  actual  cost  of  such  goods,  in  such  foreign 
currency  or  currencies,  without  any  respect  to  the  value  of 
the  coins  of  the  United  States,  or  foreign  coins,  which  now 


1  Under  the  provisions  of  this  act,  the  hond  for  the  return  of  seamen,  and 
the  crevv  list,  prescribed  by  law  in  respect  to  vessels  of  the  United  States 
bound  on  a  foreign  vovage,  must  be  required.     Gen.  Bert.  Art.  146. 

2  See  Entry  of  Merchandise,  §  177- 


106  INVOICES. 

are,  or  shall  be  by  law,  made  current  within  the  United  States, 
in  such  foreign  place  or  country.1     Act  March  3,  1801,  §  2. 

§  171.  When  invoice  is  in  a  depreciated  currency,  value  how 
ascertained.  —  It  shall  be  lawful  for  the  President  of  the 
United  States  to  cause  to  be  established  fit  and  proper  regu- 
lations for  estimating  the  duties  on  goods,  wares,  and  merchan- 
dise, imported  into  the  United  States,  in  respect  to  which  the 
original  cost  shall  be  exhibited  in  a  depreciated  currency, 
issued  and  circulated  under  authority  of  any  foreign  govern- 
ment.2    Act  March  1,  1799,  §  61. 

•§  172.  Invoice  must  exhibit  weight  or  quantity.  —  In  all 
cases  in  which  the  invoice  or  entry  shall  not  contain  the  weight 
or  quantity,  or  measure  of  goods,  wares,  or  merchandise  now 
weighed,  or  measured,  or  gauged,  the  same  shall  be  weighed, 
gauged,  or  measured  at  the  expense  of  the  owner,  agent,  or 
consignee.     Act  July  30,  1846,  §  4. 

§  173.  Value  stated  in  invoice  may  be  added  to  on  entry, 
by  importer,  but  can,  under  no  circumstances,  be  reduced. 
— It  shall  be  lawful  for  the  owner,  consignee,  or  agent  of 
imports  which  have  been   actually  purchased,  or  procured 

1  It  frequently  happens  that  invoices  stated  in  the  currency  of  the  country 
of  shipment  have  expressed  on  the  face  of  them,  in  the  currency  of  another 
country,  the  amount  for  which  bills  of  exchange  may  have  been  drawn  in 
payment  for  the  goods,  or  for  other  cause.  In  cases  where  both  currencies 
have  a  specie  basis,  any  difference  which  may  exist  between  the  two  amounts 
thus  exhibited  is  presumed  to  arise  from  the  interest  on  the  sight  of  the 
bill,  or  a  regular  difference  of  exchange  between  the  two  points ;  and  where 
the  currency  of  the  country  of  shipment  is  depreciated,  a  similar  difference 
may  exist  between  the  specie  value  of  the  foreign  currency  thus  expressed 
on  the  face  of  the  invoice,  and  the  consular  certified  specie  value  of  the  local 
depreciated  currency  in  which  the  invoice  is  stated.  As  the  law  provides 
that  the  duties  shall  be  estimated  on  the  specie  value  of  the  currency  of  the 
country  from  which  the  shipment  is  made,  that  mode,  as  a  general  rule,  will 
therefore  be  adopted ;  yet  where  the  difference  between  the  value  of  the  two 
currencies  expressed  upon  the  face  of  the  invoice  is  so  great  as  to  excite  a 
well-founded  belief  that  either  deception  or  error  exists,  appraisers  are  re- 
quired to  investigate  the  facts,  and  if  they  ascertain  that  there  has  been 
error,  either  in  the  consular  certificate  in  giving  the  specie  value  of  a  de- 
preciated currency,  or  that  otherwise  the  true  specie  value  in  currency  of 
the  United  States  has  not  been  correctly  set  forth,  it  will  become  their  duty 
to  correct  said  error  by  advancing  the  cost  or  value  given  to  the  invoice  or 
entry,  either  in  the  price  of  goods,  or  the  estimated  specie  value  of  the 
depreciated  currency.     Trcas.  Reg.  Sept.  19,  1851. 

2  Where  the  value  of  the  foreign  currency  is  not  fixed  by  any  law  of  the 
United  States,  the  invoice  must  be  accompanied  by  a  consular  certificate 
showing  its  value  in  Spanish  or  United  States  silver  dollars.  Gen.  Reg. 
Art.  216. 

Where  certificates  of  the  United  States  consul  in  regard  to  the  value  of  a 
foreign  depreciated  currency  differ,  the  certificate  bearing  the  date  nearest 
the  time  of  sailing  of  the  importing  vessel  must  be  taken  as  establishing  the 
value  of  the  foreign  currency  in  comparison  with  that  of  the  United  States. 
Gen.  Reg.  Art.  227. 


INVOICES.  107 

otherwise  than  by  purchase,  on  entry  of  the  same,1  to  make 
such  addition  in  the  entry  to  the  cost  or  value  given  in  the 
invoice  as,  in  his  opinion,  may  raise  the  same  to  the  true 
market  value  of  such  imports  in  the  principal  markets  of  the 
country  whence  the  importations  shall  have  been  made ;  and 
to  add  thereto  all  costs  and  charges  which,  under  existing 
laws,  would  form  part  of  the  true  value  at  the  port  where  the 
same  may  be  entered,  upon  which  the  duties  should  be 
assessed.  And  it  shall  be  the  duty  of  the  collector  within 
whose  district  the  same  may  be  imported  or  entered,  to  cause 
the  dutiable  value  of  such  imporfci  to  be  appraised,  estimated, 
and  ascertained,  in  accordance  with  the  provisions  of  existing 
laws  ;  and  if  the  appraised  value  thereof  shall  exceed,  by  ten 
per  centum  or  more,  the  value  so  declared  on  the  entry,  then, 
in  addition  to  the  duties  imposed  by  law  on  the  same,  there 
shall  be  levied,  collected,  and  paid  a  duty  of  twenty  per  centum 
ad  valorem  on  such  appraised  value :  Provided,  nevertheless. 
That  under  no  circumstances  shall  the  duty  be  assessed  upon 
an  amount  less  than  the  invoice  or  entered  value,  any  law  of 
Congress  to  the  contrary  notwithstanding.2  Act  March  3, 
1857,  §  2. 

•  l  In  view  of  the  oath  prescribed  to  be  taken  on  entry  by  the  act  of  March 
1,  1823,  making  it  the  duty  of  the  importer,  in  case  he  discover,  at  any 
time  after  entry,  any  error  in  the  invoice  or  account  produced,  or  receive  any 
other  invoice,  to  make  the  same  known  immediately  to  the  collector  of  the 
district  with  whom  entry  may  have  been  made,  it  is  considered  proper, 
whenever  such  error  is  brought  to  the  notice  of  the  collector,  before  the 
invoice  or  account  has  come  under  the  observation  of  the  appraisers,  or  any 
examination  has  been  made  of  the  goods,  and  application  under  oath  is 
made  to  amend  the  entry  by  the  importer,  that  such  application  should  be 
transmitted  to  this  department  for  such  action  as  may  be  deemed  proper. 
Gen.  Reg.  Art.  295. 

2  In  case  of  a  manifest  clerical  error  in  the  invoice,  on  proper  represen- 
tation of  the  case  through  the  collector,  the  department  will  take  into  con- 
sideration the  propriety  of  directing  the  correction  of  the  error,  in  the 
computation  of  the  duties.     Gen.  Reg.  Art.  298. 

It  has  been  the  practice  of  the  department,  in  cases  where  it  has  been 
conclusively  shown  that  the  invoice  value  of  an  importation  was  far  beyond 
the  general  market  value  of  similar  goods  at  the  time  of  exportation,  and 
was  so  invoiced  by  the  foreign  manufacturer  with  a  view  of  procuring,  on 
the  eve  of  insolvency,  large  advances  from  the  consignees,  to  authorize  an 
amendment  of  the  entry,  and  a  due  appraisement  to  be  made  of  the  mer- 
chandise. Such  amendment,  however,  can  only  be  made  by  authority  of  the 
department  on  application  for  it  in  each  case.     Gen.  Reg.  Art.  296. 


108  ENTRY  OF  MERCHANDISE  INWARD. 


ENTRY  OF  MERCHANDISE  INWARD. 

§  174.  No  goods  to  be  imported  in  vessels  of  less  than  thirty 
tuns  burden,  or  to  be  unladen  except  in  ports  established  by 
law,  —  Except  into  the  districts  on  the  northern,  north-western, 
and  western  boundaries  of  the  United  States,  no  goods,  wares, 
or  merchandise  of  foreign  growth  or  manufacture,  subject  to 
the  payment  of  duties,  shall  t)e  brought  into  the  United  States 
from  any  foreign  port  or  place  in  any  other  manner  than  by 
sea,  nor  in  any  ship  or  vessel  of  less  than  thirty  tuns  burden, 
nor  shall  be  landed  or  unladen  at  any  other  port  than  is 
directed  by  this  act,  under  the  penalty  of  seizure  and  forfeit- 
ure of  all  such  ships  or  vessels,  and  of  the  goods,  wares,  or 
merchandise,  imported  therein,  landed  or  unladen  in  any  other 
manner.     Act  March  2,  1799,  §  92. 

§  175.  Entry  to  be  made  within  fifteen  days.  —  The  owner 
or  owners,  consignee  or  consignees,1  of  any  goods,  wares,  or 
merchandise,  on  board  of  any  such  ship  or  vessel,  or  in 
case  of  his,  her,  or  their  absence  or  sickness,  his,  her,  or 
their  known  agent  or  factor,  in  his,  her,  or  their  names, 
within  fifteen  days  after  the  report  of  the  master,  or  per- 
son having  the  charge  or  command  of  such  ship  or  vessel, 
to  the  collector  of  the  district  for  which  such  goods,  wares,  or 
merchandise  shall  be  destined,  shall  make  entry  thereof,  in 
writing,  with  the  said  collector,  and  shall,  in  such  entry,  specify 
the  vessel  and  master's  names  in  which,  and  the  port  or  place 
from  whence,  such  goods,  wares,  or  merchandise  were  im- 
ported, the  particular  marks,  numbers,  denomination,  and 
prime  cost,  including  charges  of  each  particular  package  or 
parcel  whereof  the  entry  shall  consist,  or  if  in  bulk,  the 
quantity,  quality,  and  prime  cost,  including  charges  thereof, 
particularly  specifying  the  species  of  money  in  which  the 
invoices  thereof  are  made  out ;  and  shall  also  produce  to  the 
said  collector  and  naval  officer  (if  any)  the  original  invoice  or 
invoices  of  the  said  goods,  wares,  or  merchandise,  or  other 
documents  received  in  lieu  thereof,  or  concerning  the  same, 

1  When  entry  is  made  by  any  agent,  factor,  or  person  other  than  the 
person  to  whom  the  goods  are  "  ultimately  consigned"  such  agent  or  factor 
is  required  to  enter  into  bond  to  produce,  within  ninety  days,  "  the  account 
of  the  proper  consignee,"  (that  is,  the  invoice,)  duly  verified  on  oath  or 
affirmation.  This  bond  is  distinct  from  that  prescribed  by  the  6th  section 
of  the  act  of  March  1, 1823,  for  the  production  of  the  owner's  oath. 


ENTRY  OF  MERCHANDISE  INWARD.  109 

in  the  same  state  in  which  they  were  received,  with  the  bill  or 
bills  of  lading  for  the  same.     Act  March  2,  1799,  §  36. 

§  176.    Consignee  to  be  deemed  and  taken  to  be  the  owner. 

—  To  prevent  frauds  arising  from  collusive  transfers,  it  .is 
hereby  declared,  that  all  goods,  wares,  or  merchandise,  im- 
ported into  the  United  States,  shall,  for  the  purposes  of  this 
act,  be  deemed  and  held  to  be  the  property  of  the  persons  to 
whom  the  said  goods,  wares,  or  merchandise  may  be  consigned, 
any  sale,  transfer,  or  assignment,  prior  to  the  entry  and  pay- 
ment, or  securing  the  payment  of  the  duties  on  said  goods, 
wares,  and  merchandise,  to  the  contrary  notwithstanding.1 
Ibid.  §  62. 

§  177.    When  no  invoice  has  been  received,  how  to  proceed. 

—  When  no  invoice  has  been  received  of  any  goods,  wares,  or 
merchandise 2  imported  and  subject  to  ad  valorem  duty  as 

1  The  manifest  intent  of  this  clause  was  to  compel  the  original  consignee 
to  enter  the  goods,  and  the  whole  object  of  the  act  would  be  defeated  by 
allowing  a  mere  stranger  to  make  the  entry  or  take  the  oath  prescribed  on 
the  entry. 

The  practice  of  allowing  custom  house  brokers,  express  agents,  and  other 
parties,  not  the  owners  or  original  consignees,  to  make  entries  of  merchan- 
dise in  their  own  names,  on  the  production  of  bill  of  lading  indorsed  by  the 
importer  or  consignee,  is  in  contravention  of  the  express  provisions  of  law 
and  the  decisions  of  the  courts,  and  will  therefore  be  discontinued.  Entry 
must,  in  all  cases,  be  made  by  the  owner  or  consignee,  who  alone  is  author- 
ized, under  our  revenue  system,  to  take  the  prescribed  oath,  give  the  requi- 
site bond,  and  pay  the  duties  ;  and  in  cases  where,  from  either  of  the  causes 
adverted  to  in  the  act,  the  owner  or  consignee  may  be  unable  to  attend 
personally  at  the  custom  house,  he  will  be  required  to  be  represented  by  a 
duly  constituted  agent  or  attorney,  whose  power  must  be  lodged  with  the 
collector,  who  will  make  entry  and  perform  all  the  necessary  acts  in  the 
owner's  name,  giving  bond  for  the  due  production  of  his  oath. 

In  cases  where  the  name  of  the  owner  or  consignee  is  not  expressed  in 
the  invoice  or  bill  of  lading,  or  where  the  invoice  or  bill  of  lading  is  made 
to  the  order  of  a  banker,  through  whose  credit  the  merchandise  may  have 
been  procured,  the  party  presenting  the  bill  of  lading  and  taking  the  oath 
of  the  owner,  where  goods  have  been  actually  ordered  or  purchased  for  him 
abroad,  will  be  regarded  as  the  owner  of  the  merchandise,  and  as  such  be 
permitted  to  make  entry  in  his  own  name.  This  provision,  however,  is  not 
intended,  and  will  not  be  construed,  to  authorize  entries  of  parties  who  may 
ha\le  become  sub-purchasers  on  or  after  arrival,  it  having  been  decided  by 
the  courts  of  the  United  States,  that  such  parties  are  in  no  sense  importers, 
and  therefore  have  not,  within  the  terms  of  the  act,  any  authoiity  to  enter 
the  goods.  In  such  cases  entry  will  be  required  to  be  made  by  the  original 
importer  or  consignee,  as  before  prescribed. 

No  assignee  of  a  bill  of  lading  or  invoice  will  be  considered  the  owner 
without  taking  the  owner's  oath,  and  that  the  goods  were  purchased  abroad 
and  imported  for  him  ;  and  no  such  assignee  will  be  considered  the  agent 
of  the  owner  or  importer,  and  authorized  to  make  entry  in  the  name  of  the 
owner,  unless  he  produce  a  duly  authenticated  power  of  attorney.  Gen. 
Reg.  Art.  193-196. 

2  An  importer,  although  he  may  be  the  owner  of  the  goods,  has  no  right 
to  make  up  an  invoice.  The  oaths  prescribed  by  law  expressly  refer  to  the 
invoices  presented  as  those  "received"  by  the  party  swearing  to  the  entry; 

10 


110  ENTRY   OP   MERCHANDISE   INWARD. 

aforesaid,  the  owner,  importer,  consignee,  or  agent  shall  make 
oath  of  the  same,  and  the  collector  of  the  port  shall  be,  and  he 
is  hereby,  authorized,  if  in  his  judgment  the  circumstances 
under  which  such  goods,  wares,  or  merchandise  shall  have 
been  imported,  or  any  other  circumstances  connected  there- 
with, render  it  expedient,  to  admit  the  same  to  an  entry,  on 
an  appraisement  thereof,  duly  made  in  the  manner  hereinafter 
prescribed : l  Provided,  The  owner,  importer,  consignee,  or 
agent  of  such  goods,  wares,  or  merchandise  shall,  previous  to 
such  entry,  give  bond,  with  sufficient  sureties,  to  the  United 
States,  to  produce  to  such  collector  the  invoice  of  the  same 
within  eight  months  from  the  time  of  entry,  if  the  same  were 
imported  from  any  port  or  place  on  this  side,  and  within 
eighteen  months  if  from  any  port  or  place  beyond,  the  Cape 
of  Good  Hope  or  Cape  Horn,  or  from  the  Cape  of  Good 
Hope,  and  to  pay  any  amount  of  duty  to  which  it  may  appear, 
by  such  invoice,  the  said  goods,  wares,  or  merchandise  were 
subject,  over  and  above  the  amount  of  duties  estimated  on  the 
said  appraisement.2     Act  March  1,  1823,  §  2. 

and  when  collectors  have  reason  to  believe  that  the  invoices  presented  on 
the  entry  are  not  the  invoices  received  by  the  party,  but  are  made  by  him, 
or  are  otherwise  false,  factitious,  or  fraudulent,  they  will  see  that  the  proper 
proceedings  are  instituted  to  enforce  the  penalties  of  the  law  for  false  and 
fraudulent  entries,  and  false  swearing.     Gen.  Reg.  Art.  202. 

1  In  all  cases  where  the  importer  desires  to  enter  on  appraisement,  in  the 
absence  of  an  invoice,  under  the  second  section  of  the  act  of  March  1,  1823, 
he  will  make  a  written  application  to  the  collector,  under  oath  or  affirma- 
tion, setting  forth  the  circumstances  under  which  the  merchandise  was  im- 
ported, and  the  cause,  if  any  known  to  him,  why  the  invoice  is  not  produced ; 
and  before  any  such  entry  can  be  allowed,  the  merchandise  must  be  sent  to 
the  appraisers'  store  or  to  a  bonded  warehouse  for  examination  by  the  ap- 
praisers, who  will  call  upon  the  importer  for  the  exhibition  by  him  of  any 
letters  or  other  documents  he  may  have  in  regard  to  the  importation,  and 
examine  him  touching  any  matter  or  thing  which  they  may  deem  material 
in  ascertaining  the  true  market  value  of  the  merchandise  thus  presented  for 
entry.  The  answers  to  the  interrogations  shall  be  in  writing,  under  oath  or 
affirmation,  and  subscribed  by  the  importer,  and  shall  be  transmitted,  with 
a  report  of  the  case,  by  the  appraisers  to  the  collector,  who  will  forward  the 
same  to  the  Secretary  of  the  Treasury.  No  entry  by  appraisement  withbut 
invoice  will  be  permitted  until  the  case  has  been  submitted  to  the  depart- 
ment, and  its  views,  and  the  facts  which  it  may  think  proper  to  communi- 
cate, received,  except  in  cases  of  perishable  goods,  and  goods  destined  for 
immediate  exportation,  and  where  the  merchandise  does  not  exceed  one 
hundred  dollars  in  value  —  the  application  of  the  importer  being  made  un- 
der oath ;  in  which  cases  the  collector,  if  he  thinks  it  expedient,  may,  under 
the  discretion  conferred  on  him  by  the  second  section  of  the  act  of  March  1, 
1823,  admit  to  entry  on  appraisement  without  submitting  the  same  to  the 
department.     Gen.  Reg.  Art.  214,  215,  433. 

2  "Where  imports  have  been  entered  by  appraisement,  in  the  absence  of 
an  invoice,  if  the  value  in  the  invoice,  afterwards  produced,  is  less  than  that 
found  by  the  appraisers  on  the  entry,  no  allowance  by  return  of  duties  can 
be  made  for  the  difference.     Treas.  Reg. 


ENTRY  OF  MERCHANDISE   INWARD.  Ill 

§  178.  Oath  to  be  taken  on  entry.  —  In  all  cases  where 
goods,  wares,  and  merchandise  shall  have  been  imported  into 
the  United  States,  and  shall  be  entered  by  invoice,  one  of  the 
following  oaths,  according  to  the  nature  of  the  case,  shall  be 
administered  by  the  collector  of  the  port  at  the  time  of  entry, 
to  the  owner,  importer,  consignee,  or  agent,  {Ibid.  §  4 : )  — 

§  179.    Oath  to  be  taken  by  a  consignee  or  agent.  —  "  I, 

,  do  solemnly  and  truly  swear,  (or  affirm,)  that  the  invoice 

and  bill  of  lading  now  presented  by  me  to  the  collector  of 

are  the  true  and  only  invoice  and  bill  of  lading  by 

me  received,  of  all  the  goods,  wares,  and  merchandise  im- 
ported in  the  ,  whereof is  master,  from 

,  for  account  of  any  person  whomsoever,  for  whom  I 

am  authorized  to  enter  the  same  ;  that  the  said  invoice  and 
bill  of  lading  are  in  the  state  in  which  they  were  actually  re- 
ceived by  me)  and  that  I  do  not  know  nor  believe  in  the  ex- 
istence of  any  other  invoice  or  bill  of  lading  of  the  said  goods, 
wares,  and  merchandise  ;  that  the  entry  now  delivered  to  the 
collector  contains  a  just  and  true  account  of  the  said  goods, 
wares,  and  merchandise,  according  to  the  said  invoice  and  bill 
of  lading ;  that  nothing  has  been,  on  my  part,  nor,  to  my 
knowledge,  on  the  part  of  any  other  person,  concealed  or  sup- 
pressed, whereby  the  United  States  may  be  defrauded  of  any 
part  of  the  duty  lawfully  due  on  the  said  goods,  wares,  and 
merchandise  ;  and  that  if,  at  any  time  hereafter,  I  discover 
any  error  in  the  said  invoice,  or  in  the  account  now  rendered, 
of  the  said  goods,  wares,  and  merchandise,  or  receive  any 
other  invoice  of  the  same,  I  will  immediately  make  the  same 
known  to  the  collector  of  this  district.  And  I  do  further 
solemnly  and  truly  swear,  (or  affirm,)  that,  to  the  best  of  my 
knowledge  and  belief, is  or  are  the  owner  or  own- 
ers of  the  goods,  wares,  and  merchandise  mentioned  in  the 
annexed  entry ;  that  the  invoice  now  produced  by  me  exhibits 
the  actual  cost,  (if  purchased,)  or  fair  market  value,  (if  other- 
wise obtained,)  at  the  time  or  times,  and  place  or  places,  when 
and  where  procured,  (as  the  case  may  be,)  of  the  said  goods, 
wares,  and  merchandise,  all  the  charges  thereon,  and  no  other 
or  different  discount,  bounty,  or  drawback,  but  such  as  has 
been  actually  allowed  on  the  same."  ! 

1  The  oath,  which  is  usually  printed  on  the  back  of  the  prescribed  form 
of  entry,  should  be  filled  up  in  conformity  with  the  fact.  If  the  goods  were 
obtained  by  purchase,  the  words  **  if  purchased,  or  fair  market  value  if 
otherwise  obtained"  should  be  erased ;  if  obtained  otherwise  than  by  pur- 
chase, then  the  words  "actual  cost"  &c,  should  be  omitted,  and  declara- 
tion made  to  the  market  value. 


112  ENTRY  OF  MERCHANDISE  INWARD. 

§  1 80.    Oath  to  be  taken  by  owner  or  importer  where  goods 

have  been  actually  purchased.  —  "  I, ,  do  solemnly 

and  truly  swear,  (or  affirm.)  that  the  entry  now  delivered  by 

me  to  the  collector  of contains  a  just  and  true  account 

of  all  the  goods,  wares,  and  merchandise  imported  by,  or  con- 
signed to,  me,  in  the ,  whereof is  master, 

from ;  that  the  invoice  which  I  now  produce  contains 

a  just  and  faithful  account  of  the  actual  cost1  of  the  said  goods, 
wares,  and  merchandise,  of  all  charges  thereon,  including 
charges  of  purchasing,  carriages,  bleaching,  dyeing,  dressing, 
finishing,  putting  up,  and  packing,  and  no  other  discount, 
drawback,  or  bounty,  but  such  as  has  been  actually  allowed 
on  the  same  ;  that  I  do  not  know  nor  believe  in  the  existence 
of  any  invoice  or  bill  of  lading  other  than  those  now  produced 
by  me,  and  that  they  are  in  the  state  in  which  I  actually  re- 
ceived them.  And  I  do  further  solemnly  and  truly  swear, 
(or  affirm,)  that  I  have  not,  in  the  said  entry  or  invoice,  con- 
cealed or  suppressed  any  thing  whereby  the  United  States 
may  be  defrauded  of  any  part  of  the  duty  lawfully  due  on  the 
said  goods,  wares,  and  merchandise ;  and  that  if,  at  any  time 
hereafter,  I  discover  any  error  in  the  said  invoice,  or  in  the 
account  now  produced,  of  the  said  goods,  wares,  and  mer- 
chandise, or  receive  any  other  invoice  of  the  same,  I  will 
immediately  make  the  same  known  to  the  collector  of  this 
district." 

§  181.    Oath  to  be  taken  by  a  manufacturer  or  owner,  where 

goods  have  not  been  actually  purchased.  —  "  I, ,  do 

solemnly  and  truly  swear,  (or  affirm,)  that  the  entry  now  de- 
livered by  me  to  the  collector  of contains  a  just  and 

true  account  of  all  the  goods,  wares,  and  merchandise  im- 
ported by,  or  consigned  to,  me,  in  the ,  whereof 

is  master,  from ;  that  the  said  goods,  wares,  and 

merchandise  were  not  actually  bought  by  me,  or  by  my  agent, 
in  the  ordinary  mode  of  bargain  and  sale,  but  that,  neverthe- 
less, the  invoice  which  I  now  produce  contains  a  just  and 
faithful  valuation  of  the  same,  at  their  fair  market  value,  in- 
cluding charges  of  purchasing,  carriages,  bleaching,  dyeing, 
dressing,  finishing,  putting  up,  and  packing,  at  the  time  or 
times,2  and  place  or  places,  when  and  where  procured  for  my 

1  Notwithstanding  the  act  of  March  3,  1851,  prescribes  the  "  actual  mar- 
ket value  "  as  the  basis  of  the  estimate  of  duties,  the  provision  of  this  act, 
requiring  the  production  of  an  invoice  setting  forth  the  actual  cost  of  the 
goods,  is  held  by  the  treasury  department  to  be  still  in  force. 

2  It  is  also  held  by  the  department,  that  the  invoice,  in  the  case  of  goods 


ENTRY   OF  MERCHANDISE   INWARD.  113 

account,  (or  for  account  of  myself  and  partners ;)  that  the  said 
invoice  contains  also  a  just  and  faithful  account  of  all  charges 
actually  paid,  and  no  other  discount,  drawback,  or  bounty,  but 
such  as  has  been  actually  allowed  on  the  said  goods,  wares, 
and  merchandise ;  that  I  do  not  know  nor  believe  in  the  ex- 
istence of  any  invoice  or  bill  of  lading  other  than  those  now 
produced  by  me,  and  that  they  are  in  the  state  in  which  I  ac- 
tually received  them.  And  I  do  further  solemnly  and  truly 
swear,  (or  affirm,)  that  I  have  not,  in  the  said  entry  or  in- 
voice, concealed  or  suppressed  any  thing  whereby  the  United 
States  may  be  defrauded  of  any  part  of  the  duty  lawfully  due 
on  the  said  goods,  wares,  and  merchandise ;  and  that  if,  at  any 
time  hereafter,  I  discover  any  error  in  the  said  invoice,  or  in 
the  account  now  produced,  of  the  said  goods,  wares,  and  mer- 
chandise, or  receive  any  other  invoice  of  the  same,  I  will 
immediately  make  the  same  known  to  the  collector  of  this 
district." 

§  182.  When  owner  of  goods,  residing  in  the  United  States, 
is  absent,  entry  may  be  allowed  on  bond  to  produce  his  oath.  — 
No  goods,  wares,  or  merchandise  imported  into  the  United 
States,  subject  to  ad  valorem  duty,  and  belonging  to  a  person 
or  persons  residing  in  the  United  States,  but  who  shall,  at  the 
time,  be  absent  from  the  place  where  the  same  are  intended 
to  be  entered,  shall  be  admitted  to  an  entry,  unless  the  im- 
porter, consignee,  or  agent  shall  previously  give  bond,  with 
sufficient  surety,  to  produce,  within  four  months,  to  the  col- 
lector of  the  port  where  the  said  goods,  wares,  or  merchan- 
dise may  be,  the  invoice  of  the  same,  duly  verified,  according 
to  the  circumstances  of  the  case,  by  the  oath  of  the  said  owner, 
or  one  of  the  owners,  as  above  prescribed,  which  oath  shall 
be  administered  by  a  collector  of  the  United  States,  if  there 
be  any  in  the  place  where  the  said  owner  or  owners  may  be, 
or,  if  there  be  none,  by  some  public  officer  duly  authorized  to 
administer  oaths.1     Ibid.  §  6. 

procured  otherwise  than  by  purchase,  should  exhibit  the  value  at  the  time 
of  procurement,  though  the  act  referred  to  in  the  preceding  note  fixes 
the  time  of  valuation  "at  the  period  of  the  exportation  to  the  United 
States." 

1  As  some  additional  safeguard  is  believed  to  be  required  to  prevent  the 
substitution  of  fabricated  for  genuine  papers  in  cases  where  invoices  are 
verified  at  one  port  to  be  used  at  another  port  by  the  agent  of  the  importer, 
the  following  regulation  on  the  subject  is  promulgated  for  the  information 
and  government  of  officers  of  the  customs  and  other  persons  interested  :  — 

All  invoices  presented  ibr  verification  where  such  invoices  are  to  be  used 
at  other  ports  or  to  be  entered  by  agents,  must  be  permanently  attached  to 
the  oath  and  authentication,  and  be  stamped  or  marked  with  the  name  of 
the  port  where  verified,  the  date  of  verification,  and  be  signed  by  the  officer 


114  ENTRY   OF  MERCHANDISE   INWARD. 

§  183.  No  goods  belonging  to  a  person  not  residing  in  the 
United  States  to  be  admitted  to  entry  without  oath.  —  No  goods, 
wares,  or  merchandise  subject  to  ad  valorem  duty,  imported 
as  aforesaid,  and  belonging  to  a  person  or  persons  not  residing 
at  the  time  in  the  United  States,  shall  be  admitted  to  entry, 
unless  the  invoice  be  verified  by  the  oath  of  the  owner,  or  one 
of  the  owners,  in  the  form  before  prescribed,  according  to  the 
nature  of  the  case,  which  said  oath  shall  be  administered  by  a 
consul  or  commercial  agent  of  the  United  States,  or  by  some 
public  officer  duly  authorized  to  administer  oaths  in  the  coun- 
try where  the  said  goods,  wares,  or  merchandise  shall  have 
been  purchased,  and  the  same  duly  certified  by  the  said  consul, 
commercial  agent,  or  public  officer,  in  which  latter  case  such 
official  certificate  shall  be  authenticated  by  a  consul  or  com- 
mercial agent  of  the  United  States :  Provided,  That  if  there 
be  no  consul  or  commercial  agent  of  the  United  States  in  the 
country  from  which  the  said  goods,  wares,  or  merchandise 
shall  have  been  imported,  the  authentication  hereby  required 
shall  be  executed  by  a  consul  of  a  nation  at  the  time  in  amity 
with  the  United  States,  if  there  be  any  such  residing  there  ; 
and  if  there  be  no  such  consul  in  the  country,  the  said  authenti- 
cation shall  be  made  by  two  respectable  merchants,  if  any  such 
there  be,  residing  in  the  port  from  which  the  said  goods,  wares, 
and  merchandise  shall  have  been  imported.1     Ibid.  §  7,  8. 

§  184.  But  the  Secretary  of  the  Treasury  may  authorize 
entry  in  such  cases,  if  satisfied  no  fraud  was  intended.  —  In 
all  cases  where  goods,  wares,  or  merchandise  subject  to  ad 
valorem  duty,  imported  as  aforesaid,  and  belonging  to  a  person 
or  persons  not  residing  in  the  United  States,  shall  not  be 

receiving  the  same.  Each  invoice  (where  several  are  presented  for  verifica- 
tion) must  be  stamped  or  marked,  and  an  oath  attached  to  each  invoice. 
No  invoice  deficient  in  these  proofs  of  genuineness  will  be  admitted  to  entry, 
except  such  as  are  verified  by  the  oath  of  the  owner  or  owners  at  places 
where  there  is  no  collector  of  the  customs,  the  oath  being  taken  before  a 
public  officer  duly  authorized  to  administer  oaths.  Treas.  Reg.  April  29, 
1858. 

1  Collectors  will  be  careful  to  see  that  the  verification  and  authentication 
of  invoices  of  merchandise  belonging  to  persons  not  residing  in  the  United 
States  are  made  in  conformity  with  the  requirements  of  the  supplementary 
collection  law  of  March  1, 1823,  and  the  existing  regulations  on  the  subject; 
and  in  all  cases  where  these  requirements  are  not  observed  by  the  consuls 
and  commercial  agents  of  the  United  States,  they  will  promptly  report  the 
facts  to  the  department. 

Shipments  of  merchandise  by  several  vessels  can  not  be  embraced  in  a 
single  invoice,  and  be  covered  by  a  single  consular  certificate.  The  mer- 
chandise shipped  by  each  vessel  must  be  embraced  in  a  distinct  invoice,  duly 
verified,  if  on  foroign  account,  by  oath  of  the  owner,  and  authenticated  by 
consular  certificate.     Gen.  Reg.  Art.  206,  207. 


ENTRY  OF  MERCHANDISE  INWARD.        115 

accompanied  with  an  invoice  verified  by  oath,  and  authenti- 
cated as  required  by  this  act,  or  where  it  shall  not  be  practi- 
cable to  make  such  oath,  or  there  shall  be  an  immaterial 
informality  in  the  oath  or  authentication  so  required,  or  where 
the  collector  of  the  port  at  which  the  said  goods,  wares,  or 
merchandise  shall  be  shall  have  certified  his  opinion  to  the 
Secretary  of  the  Treasury  that  no  fraud  was  intended  in  the 
invoice  of  said  goods,  wares,  or  merchandise,  the  Secretary  of 
the  Treasury  shall  be,  and  he  is  hereby,  authorized,  if  he  shall 
deem  it  expedient,  to  admit  the  same  to  an  entry :  Provided, 
That  the  consignee,  importer,  or  agent  shall,  previous  to  such 
entry,  give  bond,  with  sufficient  sureties,  to  produce  the  in- 
voice, if  the  same  be  practicable,  sworn  to  and  authenticated 
as  may  be  required  by  this  act,  according'to  the  nature  of  the 
case,  and  in  the  time  and  mode  prescribed  in  the  second  sec- 
tion of  this  act,  in  cases  where  no  invoice  has  been  received  : 
And  provided  always,  That  the  Secretary  of  the  Treasury 
shall  in  no  case  admit  any  goods,  wares,  or  merchandise  to  an 
entry  where  there  is  just  ground  to  suspect  that  a  fraud  on 
the  revenue  is  intended.     Ibid.  §  10. 

§  185.  Goods  on  joint  account  of  resident  and  non-resident 
owners  may  be  admitted  on  oath  of  resident  owner,  unless 
manufactured  by  owner  residing  abroad.  —  In  all  cases  where 
goods,  wares,  or  merchandise  subject  to  ad  valorem  duty, 
imported  as  aforesaid,  shall  belong  in  part  to  a  person  or 
persons  residing  in  the  United  States,  and  in  part  to  a  person 
or  persons  residing  out  of  the  United  States,  the  oath  of  one 
of  the  owners  residing  in  the  United  States  shall  be  sufficient 
to  admit  the  same  to  an  entry  according  to  the  provisions  of 
this  act :  But  it  is  expressly  provided,  That  in  all  cases  where 
the  said  goods,  wares,  or  merchandise  shall  have  been  manu- 
factured in  whole  or  in  part  by  any  one  of  the  owners  residing 
out  of  the  United  States,  the  same  shall  not  be  admitted  to 
an  entry,  unless  the  invoice  shall  have  been  verified  and 
authenticated  by  such  manufacturer  in  the  manner  prescribed. 
Ibid.  §  11. 

§  186.  Goods  belonging  to  estates  of  persons  deceased  or 
insolvent  may  be  admitted  on  oath  of  legal  representative.  —  In 
all  cases  where  goods,  wares,  or  merchandise  subject  to  ad 
valorem  duty,  imported  as  aforesaid,  shall  belong  to  the  es- 
tates of  deceased  persons,  or  of  persons  insolvent,  who  shall 
have  assigned  the  same  for  the  benefit  of  their  creditors,  the 
oaths  required  may  be  administered  to  the  executor,  adminis- 
trator, or  assignee  of  such  persons  in  the  manner  prescribed 
by  this  act,  according  to  the  nature  of  the  case.     Ibid.  §  9. 


116  ENTRY   OP  MERCHANDISE  INWARD. 

§  187.  Goods  taken  from  a  wreck  to  be  appraised.  —  Before 
any  goods,  wares,  or  merchandise,  which  may  be  taken  from 
any  wreck,  shall  be  admitted  to  an  entry,  the  same  shall  be 
appraised.     Ibid.  §  21. 

§  188.  Invoice  of  goods  entered  to  be  certified  by  collector, 
and  entry  conclusive  against  owner.  —  When  any  goods,  wares, 
or  merchandise  shall  be  admitted  to  an  entry  upon  invoice, 
the  collector  of  the  port  in  which  the  same  are  entered  shall 
certify  the  same  under  his  official  seal ;  and  no  other  evidence 
of  the  value  of  such  goods,  wares,  or  merchandise  shall  be 
admitted  on  the  part  of  the  owner  or  owners  thereof  in  any 
court  of  the  United  States,  except  in  corroboration  of  such 
entry.     Ibid.  §  23. 

§  189.  Goods  destined 'for  certain  interior  ports  may  be 
entered  at  port  of  New  Orleans,  and  such  other  ports  on  the 
seaboard  as  the  Secretary  of  the  Treasury  shall  direct.  — 
When  any  goods,  wares,  or  merchandise  are  to  be  imported 
from  any  foreign  country  into  Pittsburg,  in  the  State  of  Penn- 
sylvania, Wheeling,  in  the  State  of  Virginia,  Cincinnati,  in 
the  State  of  Ohio,  Louisville,  in  the  State  of  Kentucky,  St. 
Louis,  in  the  State  of  Missouri,  Nashville,  in  the  State  of 
Tennessee,  or  into  Natchez,  in  the  State  of  Mississippi,1  the 
importer  thereof  shall  deposit  in  the  custody  of  the  surveyor 
of  the  place  a  schedule  of  the  goods  so  intended  to  be  imported, 
with  an  estimate  of  their  cost  at  the  place  of  exportation  ; 
whereupon  the  said  surveyor  shall  make  an  estimate  of  the 
amount  of  duties  accruing  on  the  same,  and  the  importer  or 
consignee  shall  give  bond,  with  sufficient  sureties,  to  be  ap- 
proved by  the  surveyor,  in  double  the  amount  of  the  duties  so 
estimated,  conditioned  for  the  payment  of  the  duties  on  such 
merchandise,  ascertained  as  hereinafter  directed  ;  and  the  sur- 
veyor shall  forthwith  notify  the  collector  at  New  Orleans  of 
the  same  by  forwarding  to  him  a  copy  of  said  bond  and 
schedule.2     Act  March  2,  1831,  §  1. 

1  By  subsequent  acts,  sundry  other  ports  on  the  Mississippi  and  its  trib- 
utaries have  been  constituted  ports  of  entry  for  foreign  merchandise ;  and 
by  an  act  passed  September  28,  1850,  authority  was  granted  for  the  impor- 
tation of  such  merchandise  destined  for  these  ports  and  the  ports  named  in 
the  act  of  1831  through  such  ports  on  the  seaboard  as  might  be  designated 
by  the  Secretary  of  the  Treasury  for  that  purpose,  who  was  also  authorized 
to  prescribe  the  routes  of  transportation.  Under  this  act,  Boston,  New 
York,  Philadelphia,  and  Baltimore  have  been  designated  as  ports  of  impor- 
tation for  Pittsburg,  Wheeling,  Cincinnati,  Louisville,  St.  Louis,  Nashville, 
Natchez,  Evansville,  and  New  Albany ;  and  Charleston  and  Savannah  as 
ports  of  importation  for  Knoxville,  Nashville,  and  Memphis ;  the  routes 
and  mode  of  transportation  being  left  to  the  option  of  the  importer. 

2  The  remaining   provisions  of  this  act  are  so  far  superseded  by  the 


APPRAISEMENT.  117 


APPEAISEMENT.1 

§  190.  Value  of  imports  to  be  ascertained  bymappraisement. 
—  In  all  cases  where  there  is  or  shall  be  imposed  any  ad 
valorem  rate  of  duty  on  any  goods,  wares,  or  merchandise 
imported  into  the  United  States,  it  shall  be  the  duty  of  the 
collector  within  whose  district  the  same  shall  be  imported  or 
entered  to  cause  the  actual  market  value  or  wholesale  price 
thereof  at  the  period  of  the  exportation  to  the  United  States 
in  the  principal  markets  of  the  country  from  which  the  same 
shall  have  been  imported  into  the  United  States,  to  be  ap- 
praised, estimated,  and  ascertained ;  and  to  such  value  or  price 
shall  be  added  all  costs  and  charges,  except  insurance,  and 
including  in  every  case  a  charge  for  commissions  at  the  usual 
rates,  as  the  true  value  at  the  port  where  the  same  may  be 
entered,  upon  which  duties  shall  be  assessed. 

§  191.  Certificate  of  one  appraiser  sufficient.  —  The  cer- 
tificate of  any  one  of  the  appraisers  of  the  United  States  of 
the  dutiable  value  of  any  imported  merchandise  required  to 
be  appraised  shall  be  deemed  and  taken  to  be  the  appraise- 
ment of  such  merchandise  required  by  existing  laws  to  be 
made  by  such  appraisers. 


provisions  of  the  warehouse  laws  that  it  is  deemed  unnecessary  to  reproduce 
them  here.  Under  the  regulations  of  the  department  for  carrying  into 
effect  these  laws,  foreign  merchandise  may  be  entered  for  warehousing  at 
any  port  of  entry,  and  transported  uader  bond  to  any  one  of  the  designated 
interior  ports. 

1  For  the  appraisement  of  goods,  wares,  or  merchandise  required  by  this 
or  any  other  act  concerning  imports  and  tunnage,  the  President  of  the 
United  States  shall,  by  and  with  the  advice  and  consent  of  the  Senate, 
appoint,  in  each  of  the  ports  of  Boston,  New  York,  Philadelphia,  Baltimore, 
Charleston,  Savannah,  and  New  Orleans,  two  persons  well  qualified  to  per- 
form that  duty,  who,  before  they  enter  thereon,  shall  severally  make  oath 
diligently  and  faithfully  to  examine  and  inspect  such  goods,  wares,  or  mer- 
chandise as  the  collector  may  direct,  and  truly  to  report,  to  the  best  of  their 
knowledge  and  belief,  the  true  value  thereof.  Act  March  1,  1823,  §  16.  — 
Prior  to  this  act  all  appraisements,  whether  of  value  or  damage,  were 
required  to  be  made  by  merchants  specially  appointed  and  qualified.  By 
subsequent  acts,  the  number  of  appraisers  has  been  increased  at  some  of  the 
ports,  and  like  officers  have  been  authorized  and  appointed  at  other  ports. 
Assistant  appraisers  were  authorized  by  the  act  of  May  28,  1830.  The  duty 
of  this  grade  of  officers  is  to  examine  and  inspect  such  goods,  wares,  and 
merchandise  as  the  principal  appraisers  may  direct,  and  to  report  to  them 
the  true  value  thereof.  All  appraisements  are  required,  however,  to  be  made 
by  the  principal  appraisers  ;  and  this  must  be  done  on  a  personal  examina- 
tion of  the  goods. 


118  APPEAISEMENT. 

§  192.  Wliere  there  are  no  appraisers,  revenue  officer  to 
certify.  —  Where  merchandise  shall  be  entered  at  ports  where 
there  are  no  appraisers,  the  certificate  of  the  revenue  officer 
to  whom  is  committed  the  estimating  and  collection  of  duties 
of  the  dutiable  value  of  any  merchandise  required  to  be  ap- 
praised shall  J)e  deemed  and  taken  to  be  the  appraisement  of 
such  merchandise  required  by  existing  laws  to  be  made  by 
such  revenue  officer.     Act  March  3,  1851,  §  1,  2. 

§  193.  Appraisers  to  employ  all  reasonable  ways  and  means 
to  ascertain  the  actual  value.  —  It  shall,  in  every  such  case, 
be  the  duty  of  the  appraisers  of  the  United  States,  and  every 
of  them,  and  every  person  who  shall  act  as  such  appraiser,  or 
of  the  collector  and  naval  officer,  as  the  case  may  be,  by  all 
reasonable  ways  and  means  in  his  or  their  power,  to  ascertain, 
estimate,  and  appraise  the  true  and  actual  market  value  and 
wholesale  price,  any  invoice  or  affidavit  thereto  to  the  contrary 
notwithstanding,  of  the  said  goods,  wares,  and  merchandise 
in  the  principal  markets  of  the  country  whence  the  same  shall 
have  been  imported  into  the  United  States.  Act  Aug.  30, 
1842,  §16. 

§  194.  Appraisers  may  summon  importer,  and  require  pro- 
duction of  letters.  —  It  shall  be  lawful  for  the  appraisers,  or 
the  collector  and  naval  officer,  as  the  case  may  be,1  to  call 
before  them  and  examine,  upon  oath  or  affirmation,  any  owner, 
importer,  consignee,  or  other  person,  touching  any  matter  or 
thing  which  they  may  deem  material  in  ascertaining  the  true 
market  value  or  wholesale  price  of  any  merchandise  imported, 
and  to  require  the  production,  on  oath  or  affirmation,  to  the 
collector  or  to  any  permanent  appraiser,  of  any  letters,  ac- 
counts, or  invoices  in  his  pos^fession  relating  to  the  same,  for 
which  purpose  they  are  hereby  respectively  authorized  to 
administer  oaths  and  affirmations ;  and  if  any  person  so  called 
shall  neglect  or  refuse  to  attend,  or  shall  decline  to  answer,  or 
shall,  if  required,  refuse  to  answer  in  writing  any  interroga- 
tories, and  subscribe  his  name  to  his  deposition,  or  to  produce 
such  papers  when  so  required,  he  shall  forfeit  and  pay  to  the 
United  States  the  sum  of  one  hundred  dollars  ;  and  if  such 
person  be  the  owner,  importer,  or  consignee,  the  appraisement 
which  the  said  appraisers,  or  collector  and  naval  officer  where 
there  are  no  legal  appraisers,  may  make  of  the  goods,  wares, 

1  At  ports  where  appraisers  are  appointed,  the  powers  conferred  by  this 
section  must  be  exercised  by  them.  Where  there  are  no  appraisers,  the 
collector  and  naval  officer,  or,  if  there  be  no  naval  officer,  the  collector  alone, 
acting  as  an  appraiser,  may  make  the  examination  contemplated. 


APPRAISEMENT.  119 

and  merchandise,  shall  be  final  and  conclusive,  any  act  of 
Congress  to  the  contrary  notwithstanding;  and  any  person 
who°  shall  willfully  and  corruptly  swear  or  affirm  falsely  on 
such  examination  shall  be  deemed  guilty  of  perjury ;  and  if 
he  be  the  owner,  importer,  or  consignee,  the  merchandise  shall 
be  forfeited ;  and  all  testimony  in  writing,  or  depositions  taken 
by  virtue  of  this  section,  shall  be  filed  in  the  collector's  office, 
and  preserved  for  future  use  or  reference,  to  be  transmitted 
to  the  Secretary  of  the  Treasury  when  he  shall  require  the 
same.   Ibid.  §  17. 

§  195.  Importer  may  demand  reappraisement.  —  If  the 
importer,  owner,  agent,  or  consignee  of  any  such  goods  shall 
be  dissatisfied  with  the  appraisement,  and  shall  have  complied 
with  the  foregoing  requisitions,  he  may  forthwith  give  notice 
to  the  collector,1  in  writing,  of  such  dissatisfaction,  on  the 
receipt  of  which  the  collector  shall  select  two  discreet  and 
experienced  merchants,2  citizens  of  the  United  States,  familiar 
with  the  character  and  value  of  the  goods  in  question,  to 
examine  and  appraise  the  same,  agreeably  to  the  foregoing 
provisions ;   and   if  they  shall   disagree,  the  collector   shall 


1  This  notice,  under  treasury  regulations,  must  be  given  within  twenty- 
four  hours  after  receipt  of  notice  of  appraisement. 

2  This  provision  was  modified  by  the  act  of  March  3,  1851  ;  and  in  cases 
of  appeal  from  the  decision  of  the  local  appraisers  the  reappraisement  is 
now  required  to  be  made  by  an  appraiser  at  large,  if  practicable,  and  one 
merchant  selected  as  above.  If  there  be  no  appraiser  at  large  resident  at 
the  port,  the  reappraisement  may  be  made  by  two  merchants.  The  provis- 
ions of  the  act  of  March  3,  1851,  are  as  follows  :  — 

§  3.  There  shall  be  appointed  by  the  President  of  the  United  States,  by 
and  with  the  advice  and  consent  of  the  Senate,  four  appraisers  of  merchan- 
dise, to  be  allowed  an  annual  salary  each  of  two  thousand  five  hundred 
dollars,  together  with  their  actual  traveling  expenses,  to  be  regulated  by  the 
Secretary  of  the  Treasury,  who  shall  be  employed  in  visiting  such  ports  of 
entry  in  the  United  States,  under  the  direction  of  the  said  secretary,  as  may 
be  deemed  useful  by  him  for  the  security  of  the  revenue,  and  shall  at  such 
ports  afford  such  aid  and  assistance  in  the  appraisement  of  merchandise 
thereat  as  may  be  deemed  necessary  by  the  Secretary  of  the  Treasury  to 
protect  and  insure  uniformity  in  the  collection  of  the  revenue  from  customs ; 
and  wherever  practicable  in  cases  of  appeal  from  the  decision  of  the  United 
States  appraisers  under  the  provision  of  the  seventeenth  section  of  the 
tariff  act  of  August  30,  1842,  the  collector  shall  select  one  discreet  and 
experienced  merchant,  to  be  associated  with  one  of  the  appraisers  appointed 
under  the  provisions  of  this  act,  who  together  shall  appraise  the  goods  in 
question ;  and  if  they  shall  disagree,  the  collector  shall  decide  between  them  ; 
and  the  appraisement  thus  determined  shall  be  final,  and  deemed  and  taken 
to  be  the  true  value  of  said  goods ;  and  the  duties  shall  be  levied  thereon 
accordingly,  any  act  of  Congress  to  the  contrary  notwithstanding. 

Under  this  act,  appraisers  of  merchandise,  or  general  appraisers,  as  com- 
monly known,  have  been  appointed  at  Boston,  New  York,  Philadelphia, 
and  Baltimore.  Under  subsequent  acts,  like  officers  have  been  appointed 
at  New  Orleans  and  San  Francisco. 


120  APPRAISEMENT. 

decide  between  them ; l  and  the  appraisement  thus  determined 
shall  be  final,  and  deemed  and  taken  to  be  the  true  value 
of  said  goods ;  and  the  duties  shall  be  levied  thereon  accord- 
ingly, any  act  of  Congress  to  the  contrary  notwithstanding. 
Ibid.  §  17. 

§  196.  Other  officers  to  act  as  appraisers  in  certain  cases. 
—  Where  goods,  wares,  and  merchandise  shall  be  entered  at 
ports  where  there  are  no  appraisers,  the  mode  hereinbefore 
prescribed  of  ascertaining  the  foreign  value  thereof  shall  be 
carefully  observed  by  the  revenue  officers  to  whom  is  com- 
mitted the  estimating  and  collection  of  duties.     Ibid.  §  22. 

§  197.  Secretary  of  Treasury  to  establish  regulations  re- 
specting appraisements.  —  It  shall  be  the  duty  of  the  Secre- 
tary of  the  Treasury,  from  time  to  time,  to  establish  such 
rules  and  regulations,  not  inconsistent  with  the  laws  of  the 
United  States,  to  secure  a  just,  faithful,  and  impartial  ap- 
praisal of  all  goods,  wares,  and  merchandise,  as  aforesaid,  im- 
ported into  the  United  States,  and  just  and  proper  entries  of 
such  actual  market  value,  or  wholesale  price  thereof,  as  the 
case  may  require.2     Ibid.  §  23. 

§  198.  One  package  out  of  every  invoice,  and  one  package 
out  of  every  ten  packages,  to  be  examined.  —  The  collector 
shall  designate,3  on  the  invoice,  at  least  one  package  of  every 
invoice,  and  one  package,  at  least,  of  every  ten  packages  of 
goods,  wares,  or  merchandise,  and  a  greater  number  should  he 
or  either  of  the  appraisers  deem  it  necessary,4  to  be  opened, 
examined,  and  appraised,  and  shall  order  the  package  or  pack- 
ages so  designated  to  the  public  stores  for  examination  ;  and 
if  any  package  be  found  by  the  appraisers  to  contain  any  ar- 
ticle not  specified  in  the  invoice,  and  they,  or  a  majority  of 
them,  shall  be  of  opinion  that  such  article  was  omitted  in  the 
invoice  with  fraudulent  intent  on  the  part  of  the  shipper, 


1  The  collector,  in  the  exercise  of  this  power,  can  act  only  as  an  arbiter, 
and  must  adopt  one  appraisement  or  the  other.  He  can  not  set  aside  both, 
and  make  a  new  appraisement. 

2  These  instructions,  though  binding  on  the  custom  house  officers,  do  not 
justify  the  acts  of  the  collector  if  not  in  accordance  with  law.  10  How- 
ard, 225. 

3  "When  the  packages  are  described  in  the  invoice  by  marks  and  numbers, 
the  collector  must  designate  on  the  invoice  the  particular  number  or  num- 
bers to  be  examined. 

4  If  the  goods  have  been  delivered  to  the  importer  under  the  bond  author- 
ized by  the  fourth  section  of  the  act  of  May  28,  1830,  the  collector  may  re- 
quire the  redelivery  of  the  whole  or  any  part  of  the  importation  ;  and  if  the 
importer  fail  to  deliver,  he  cannot  afterwards  object  that  the  appraisement 
was  made  on  an  insufficient  examination. 


APPRAISEMENT.  121 

owner,  or  agent,  the  contents  of  the  entire  package  in  which 
the  article  may  be  shall  be  liable  to  seizure  and  forfeiture,  on 
conviction  thereof  before  any  court  of  competent  jurisdiction  ; 
but  if  said  appraisers  shall  be  of  opinion  that  no  such  fraudu- 
lent intent  existed,  then  the  value  of  such  article  shall  be 
added  to  the  entry,  and  the  duty  thereon  paid  accordingly,  and 
the  same  shall  be  delivered  to  the  importer,  agent,  or  con- 
signee :  Provided,  That  such  forfeiture  may  be  remitted  by 
the  Secretary  of  the  Treasury,  on  the  production  of  evidence 
satisfactory  to  him  that  no  fraud  was  intended :  Provided, 
further,  That  if,  on  the  opening  of  any  package  or  packages 
of  goods,  a  deficiency  of  any  article  shall  be  found  on  ex- 
amination by  the  appraisers,  the  same  shall  be  certified  to 
the  collector  on  the  invoice,  and  an  allowance  for  the  same 
be  made  in  estimating  the  duties.1  Act  August  30,  1842, 
§21. 

§  199.  What  is  meant  by  period  of  the  exportation,  —  Un- 
der the  construction  of  the  treasury,  "  the  period  of  the  expor- 
tation "  is  deemed  and  taken  to  be  the  time  at  which  the  vessel, 
in  which  goods,  wares,  or  merchandise  are  imported,  actu- 
ally departs  from  the  foreign  country  on  her  voyage  to  the 
United  States.  This  construction  was  sustained  by  the  Cir- 
cuit Court  of  the  United  States  for  the  District  of  Massachu- 
setts, in  the  case  of  Forman  vs.  Peaslee,  and  has  since  been 
confirmed  by  the  Supreme  Court  in  the  case  of  Sampson  vs. 
Peaslee.  It  may,  therefore,  be  considered  as  finally  settled, 
that  the  time  of  valuation  is  the  sailing  of  the  vessel,  regard- 
less of  the  date  of  invoice,  bill  of  lading,  or  clearance,  and 
the  value  at  that  time  in  the  principal  markets  of  the  country 
from  which  the  importation  may  have  been  made,  is  the  value 
on  which  duty,  under  existing  laws,  is  required  to  be  as- 
sessed.2 

1  Abatement  of  duties,  under  this  proviso,  for  deficiency  of  articles  in 
packages,  can  only  take  place  where  it  shall  satisfactorily  appear  to  the  ap- 
praisers that  the  packages  had  not  been  opened  after  their  shipment.  Such 
abatement,  on  separate  articles  or  packages,  included  in  the  manifest,  but 
not  found  on  board  the  vessel  at  the  time  of  unlading  the  same  in  the  United 
States,  can  not  be  made,  unless  satisfactory  proof  be  adduced,  that,  by  acci- 
dent or  other  cause,  such  articles  or  packages  had  never  been  actually  shipped ; 
or  that,  being  shipped,  they  had  been  actually  lost  or  destroyed  by  accident 
or  other  cause  during  the  voyage,  and  before  the  arrival  of  the  vessel  within 
the  limits  of  any  collection  district  of  the  United  States.  No  abatement  can 
be  made  for  an  alleged  deficiency  or  difference  in  the  character  or  descrip- 
tion of  articles  contained  in  a  package,  discovered  by  the  importer  after  the 
package  has  passed  out  of  the  custody  of  the  officers  of  the  customs  into  the 
possession  of  the  importer.     Treasury  Reg. 

2  Importations  from  countries  having  no  shipping  ports  of  their  oum, 
through  the  ports  of  other  countries.  —  Merchandise  from  such  countries,  as 

11 


122  APPRAISEMENT. 

§  200.  What  are  to  be  regarded  as  principal  markets.  — 
What  are  to  be  regarded  as  the  principal  markets  of  a  coun- 
try for  the  merchandise,  in  any  given  case,  is  for  the  deter- 
mination of  the  appraisers.  It  is  a  question  of  fact,  not  of 
law,  and  the  decision  of  the  appraisers  is  conclusive  upon  the 
government  and  the  importer.      Gen.  Beg.  Art.  301. 

§  201.  What  is  to  be  understood  by  the  term  "country?*  — 
The  term  "  country,"  as  used  in  the  law,  is  to  be  regarded  as 
embracing  all  the  possessions  of  a  nation,  however  widely  sep- 
arated, which  are  subject  to  the  same  supreme  executive  and 
legislative  authority  and  control.  Accordingly,  where  duties 
were  assessed  on  merchandise  imported  from  Halifax,  on  its 
general  market  value  in  Liverpool  at  the  date  of  its  exporta- 
tion from  Halifax  to  the  United  States,  the  proceeding  was 
sustained  by  the  Supreme  Court  of  the  United  States  ;  Liver- 
pool being,  in  the  opinion  of  the  appraisers,  a  principal  mar- 
ket of  Great  Britain  for  the  merchandise  in  that  case.  Gen. 
Reg.  Art.  302. 

§  202.  Actual  examination  to  be  made.  —  The  law  makes 
it  the  duty  of  the  collector  to  designate  on  the  invoice  at  least 
one  package  of  every  invoice,  and  one  package,  at  least,  of 
every  ten  packages  of  imported  goods,  wares,  or  merchandise, 
and  a  greater  number  should  it  be  deemed  necessary  by  him- 
self or  either  of  the  appraisers,  and  order  the  same  to  the 
public  store,  to  be  opened,  examined,  and  appraised ;  but  if 
the  articles  are  bulky,  he  may  direct  their  examination  on  the 
wharf,  or  other  safe  and  suitable  place,  to  be  designated  by 
him  for  that  purpose.  If  the  merchandise  be  such  as,  by 
commercial  usage,  is  bought  and  sold  by  samples,  or  where, 
by  such  usage,  the  character  and  quality  of  the  merchandise 
are  so  determined,  the  appraisement  may,  in  such  cases,  be 
made  by  samples,  due  care  being  taken  that  they  are  properly 
and  fairly  selected  from  the  packages  designated  on  the  in- 


from  Switzerland,  for  example,  destined  for  the  United  States  by  the  way  of 
Havre,  is  considered  as  exported,  within  the  meaning  of  the  law,  when  it 
passes  the  frontier  boundary  between  France  and  Switzerland,  on  such  desti- 
nation. The  wholesale  price  or  general  market  value  of  such  merchandise  in 
the  principal  markets  of  the  interior  country,  at  the  date  when  it  passed  the 
frontier  for  its  destination  in  the  United  States,  will,  on  importation  and  en- 
try, be  ascertained  by  the  appraiser  with  a  view  to  the  assessment  of  duty  ; 
and  to  the  value  so  ascertained  will  be  added  the  cost  of  transportation,  and 
other  expenses  to  the  frontier,  as  dutiable  charges.  Of  course,  no  cost  of 
transportation  by  sea  or  land,  or  other  expenses  incurred  after  the  merchan- 
dise shall  have  left  the  interior  country  from  which  it  was  exported  to  the 
United  States,  as  above  defined,  will  be  treated  as  dutiable  charges.  Treas. 
Reg. 


APPRAISEMENT.  123 

voice  by  the  collector,  and  identified  as  such.  Gen.  Reg.  Art. 
320,  321. 

§  203.  Examination  and  appraisement  to  be  made  at  port 
of  importation.  —  The  revenue  laws  require  that,  in  all  cases 
of  importation  of  merchandise,  the  examination  and  appraise- 
ment of  the  same  shall  take  place  at  the  first  port  of  entry  ; 
at  which  port,  also,  the  actual  quantity  must  be  ascertained  by 
weighing,  gauging,  or  measuring,  as  the  case  may  be,  and  the 
amount  of  duties  ascertained  and  paid,  or  secured  to  be  paid. 
Gen.  Reg.  Art.  330. 

§  204.  But  when  goods  are  transported  under  bond  to  an- 
other port,  appraisement  may  be  revised.  —  When  goods  are 
transported  under  bond  from  one  port  to  another,  on  their  ar- 
rival at  the  port  of  destination  the  same  examination  shall  be 
had  as  is  required  by  law  on  importations  of  merchandise 
from  foreign  ports,  in  which  the  appraisers  shall  have  refer- 
ence as  well  to  the  valuation  and  classification  of  such  mer- 
chandise as  to  its  identity  with  that  described  in  the  certified 
copy  of  invoice  accompanying  the  transportation  entry,  and 
they  shall  accordingly  appraise  and  estimate  the  same  in  the 
manner  required  by  law  in  case  of  merchandise  from  foreign 
ports,  and  make  due  report  thereof  to  the  collector.  And 
should  it  appear  by  such  report  that  the  merchandise  was  ap- 
praised, at  the  port  where  originally  entered,  at  less  than  the 
actual  value  or  wholesale  price  in  the  principal  markets  of  the 
country  from  which  such  merchandise  was  imported,  or  that 
the  same  was  improperly  classified,  the  collector  shall  call 
upon  the  appraisers  for  a  statement  of  the  grounds  of  their 
opinion,  and  immediately  transmit  the  same,  with  a  copy  of 
their  report,  to  the  department,  for  its  consideration  and  such 
investigation  as  may  be  necessary.  To  enable  the  appraisers 
to  act  understandingly  in  the  examination  and  appraisement 
of  merchandise  transported  under  bond,  collectors  will  see 
that  the  copy  of  invoice,  required  to  accompany  the  trans- 
portation entry,  in  all  respects  conforms  to  the  original  docu- 
ment, and  that  the  date  of  exportation  from  the  foreign  port  is 
indorsed  thereon.      Gen.  Reg.  Art.  449,  460. 

§  205.  Percentage  advances  and  average  valuations  pro- 
hibited. —  The  appraisers  will  make  the  addition  to,  or  advance 
upon,  the  value  declared  on  entry,  in  the  currency  in  which 
the  invoice  is  made  out,  in  a  specific  sum,  and  not  by  percent- 
age, and  in  the  weight,  gauge,  or  measure,  as  expressed  in  the 
invoice ;  but  in  no  case  will  an  average  valuation  be  made. 
Gen.  Reg.  Art.  332. 


124  APPRAISEMENT. 

§  206.  Examination  of  articles  not  imported  as  merchan- 
dise. —  It  not  unfrequently  happens  that  articles  are  imported 
for  the  personal  use  of  the  importer,  and  not  as  merchandise, 
which  might  be  exposed  to  injury  in  the  process  of  opening, 
examining,  and  repacking  in  the  public  store,  but  which,  nev- 
ertheless, ought  not  to  be  delivered  without  examination.  In 
such  cases,  the  collector,  if  he  thinks  it  expedient,  will  report 
the  case  to  the  department,  and,  if  authorized,  direct  the 
proper  officer  of  the  customs  to  examine  the  package  or  pack- 
ages at  the  residence  of  the  owner,  or  at  such  other  proper 
place  at  the  port  as  he  may  designate.  In  no  case,  however, 
can  such  examination  be  omitted,  or  so  made,  without  the 
special  permission  of  the  department.      Gen.  Reg.  Art.  374. 

§  207.  Appeal  from  decision  of  appraisers,  when  and  how 
made.  —  Whenever  an  importer  is  dissatisfied  with  the  ap- 
praisement made  by  the  government  appraisers,  or  the  officer 
of  the  customs  acting  as  appraiser,  he  may,  in  pursuance  of 
the  provisions  of  the  seventeenth  section  of  the  act  of  August 
30,  1842,  if  he  have  complied  with  their  requirements,  give 
notice,  in  writing,  to  the  collector  of  such  dissatisfaction.  This 
notice  will  be  given,  in  all  cases,  within  twenty-four  hours, 
and  may  be  in  the  following  form  :  — 

,18 

Sir  :   As  I  consider  the  appraisement  made  by  the  United 

States  appraisers  too  high  on ,  imported  by , 

in  the ,  from ,  I  have  to  request  that  the  same 

may  be  reappraised,  pursuant  to  law,  with  as  little  delay  as 
your  convenience  will  permit. 

Very  respectfully, 


To ,  Collector  of  the  Customs. 

{Gen.  Reg.  Art.  335.) 

208.  Merchant  refusing  to  act  as  appraiser  liable  to  pen- 
alty. —  Any  merchant,  who  shall  be  chosen  by  the  collector 
to  make  any  appraisement  required  under  any  act  respecting 
imports  and  tunnage,  and  who  shall,  after  due  notice  of  such 
choice  has  been  given  to  him  in  writing,  decline  or  neglect  to 
assist  at  such  appraisement,  shall  be  subject  to  a  penalty  not 
exceeding  fifty  dollars,  and  to  the  costs  of  prosecution  therefor. 
Act  March  1,  1823,  §  19. 

§  209.  Compensation  of  merchant  appraiser.  —  The  mer- 
chant appraiser  is  entitled,  under  existing  laws,  to  a  compen- 
sation of  five  dollars  per  diem  while  so  employed,  whether 


SEA   STORES   OP  VESSELS   FROM  FOREIGN  PORTS.    125 

one  or  more  cases  of  appeal  have  been  heard  and  decided 
during  the  day.  This  expense  is  to  be  paid  by  the  party 
taking  the  appeal.     Gen.  Reg.  Art.  350. 

§  210.  Appraisements  legally  made  will  not  be  reopened.  — 
An  appraisement  legally  made  by  the  United  States  ap- 
praisers, and  affirmed  by  merchant  appraisers,  the  duties  hav- 
ing been  levied  and  paid  accordingly,  will  not  be  reopened 
upon  opinions  afterwards  expressed  by  the  merchants  on  tes- 
timony not  before  them  when  acting  as  officers  of  the  United 
States  on  the  appeal.     Gen.  Reg.  Art.  347. 

§211.  Where  no  appeal  is  taken,  decision  of  local  appraisers 
final.  —  Where  no  appeal  has  been  taken  by  the  importer 
from  the  decision  of  the  local  appraisers,  the  department  will 
not  order  a  reappraisement,  but  such  decision  must  be  held  to 
be  final  and  conclusive  ;  and  the  department  has  no  authority 
to  refund  the  additional  duty,  if  any,  imposed  in  consequence 
of  such  appraisement,  in  pursuance  of  law.  Gen.  Reg. 
Art.  349. 

§  212.  Reappraisement,  when  demanded,  to  be  made  without 
delay.  —  Reappraisement  should  take  place  immediately,  or, 
at  all  events,  not  be  delayed  beyond  six  days  from  the  time 
when  demanded,  unless,  in  the  opinion  of  the  merchant  ap- 
praisers, there  are  extraordinary  circumstances,  requiring  an 
analysis  or  proof  not  to  be  procured  within  that  period. 
Should  such  delay  extend  beyond  ten  days,  the  facts  are  re- 
quired to  be  reported  to  the  department.  Treas.  Reg.  December 
26,  1848. 


SEA  STORES  OF  VESSELS  FROM  FOREIGN 
PORTS. 

§  213.  Master  of  vessel  from  foreign  port  shall  specify  sea 
stores  of  such  vessel  in  his  manifest.  —  In  order  to  ascertain 
what  articles  ought  to  be  exempt  from  duty,  as  the  sea  stores 
of  a  ship  or  vessel,  the  master,  or  other  person  having  the 
charge  or  command  of  any  ship  or  vessel,  shall  particularly 
specify  the  said  articles  in  the  report  or  manifest  to  be  by  him 
made,  designating  them  as  the  sea  stores  of  such  ship  or  ves- 
sel ; *  and  in  the  oath  to  be  taken  by  such  master  or  other 

1  There  is  no  provision  of  law  authorizing  the  transfer  of  sea  stores  from 


126     SEA  STORES  OP  VESSELS  FROM  FOREIGN  PORTS. 

person,  on  making  such  report  in  manner  before  prescribed, 
he  shall  declare  that  the  articles  so  specified  as  sea  stores  are 
truly  suck,  and  are  not  intended  by  way  of  merchandise  or  for 
sale ;  whereupon  the  said  articles  shall  be  free  from  duty : 1 
Provided  always,  That  if  it  shall  appear  to  the  collector  to 
whom  such  report  and  manifest  shall  be  made  and  delivered, 
together  with  the  naval  officer  where  there  is  one,  or  alone 
where  there  is  none,  that  the  quantities  of  the  said  articles, 
or  of  any  part  thereof,  so  reported  as  sea  stores,  are  excessive, 
it  shall  be  lawful  for  the  said  collector,  jointly  with  the  naval 
officer,  or  alone,  as  the  case  may  be,  in  his  or  their  discretion, 
to  estimate  the  amount  of  the  duty  on  such  excess,  which  shall 
be  forthwith  paid  by  the  said  master,  or  other  person  having 
the  charge  or  command  of  such  ship  or  vessel,  to  the  said 
collector,  on  pain  of  forfeiting  the  value  of  such  excess ; 2  and 
if  any  other  or  greater  quantity  of  articles  are  found  on  board 
such  ship  or  vessel  as  sea  stores  than  are  specified  in  such 
entry,  or  if  any  of  the  said  articles  shall  be  landed  without  a 
permit  first  obtained  from  the  collector  and  naval  officer  of  the 
port  (where  any)  for  that  purpose,  all  such  articles  as  are  not 
included,  as  aforesaid,  in  the  report  or  manifest  delivered  on 
oath  or  affirmation,  as  aforesaid,  by  the  master,  or  other  person 
having  the  charge  or  command  of  such  ship  or  vessel,  or 
which  shall  be  landed  without  such  permit  as  aforesaid,  shall 
be  forfeited,  and  may  be  seized ;  and  the  master,  or  person 
having  the  command  of  such  ship  or  vessel,  shall,  moreover, 
forfeit  and  pay  treble  the  amount  or  value  of  the  articles  so 
omitted  or  landed.     Act  March  2,  1799,  §  45. 

§  214.  What  articles  may  be  considered  as  belonging  to  the 
equipment  of  the  vessel.  —  Although  no  part  of  the  proper 
equipment  of  a  vessel  arriving  in  the  United  States  is  liable 
to  duty,  such  equipment  is  not  to  comprehend  more  than  the 
usual  quantity  of  spare  sails  or  other  articles ;  and  any  redun- 

the  vessel  in  which  imported  to  another  vessel  about  to  proceed  on  a  foreign 
voyage,  without  payment  of  duty. 

1  But  they  are  exempted  from  duty  no  longer  than  they  are  retained  as 
sea  stores.  If  the  master  or  owner  desire  to  land  them  for  sale  or  his  own 
use,  he  must  pay  the  duties,  and  obtain  a  permit,  as  in  case  of  other  goods. 

2  Coal  brought  into  the  United  States  by  vessels  propelled  in  whole  or  in 
part  by  steam,  may  be  retained  on  board,  and  the  vessel  may  proceed  with 
said  coal  to  a  foreign  port  without  landing  the  same,  or  any  part  thereof,  in 
the  United  States,  as  authorized  by  the  act  of  July  7,  1838.  But  if  landed 
in  the  United  States,  it  will  be  liable  to  duty;  and  if  duties  are  paid,  it 
can  not  be  exported  with  benefit  of  drawback ;  and  if  warehoused,  and 
exported  thence  under  bond,  the  bond  can  not  be  canceled  on  proof  of  its 
consumption  on  board  the  vessel,  but  only  on  proof  of  its  due  landing,  in 
good  faith,  without  the  limits  of  the  United  States.     Gen.  Reg.  Art.  939. 


ENTRY  OF  PASSENGERS'   BAGGAGE.  127 

dancy  becomes  liable  to  duty.  If  new  sails  or  other  articles 
procured  abroad  be  claimed  as  a  part  of  such  equipment,  it 
must  be  shown  to  the  satisfaction  of  the  collector  that  they 
are  necessary,  with  those  on  board,  to  complete  her  proper 
equipment,  and  are  intended  in  good  faith  for  the  exclusive 
use  of  the  vessel,  and  to  be  retained  by  her  for  that  use.  If 
brought  into  the  United  States  for  the  purpose  of  being  sold, 
or  transferred  to  another  vessel,  or  for  any  purpose  other  than 
the  use  of  the  vessel  bringing  them,  such  sails  or  other  articles 
procured  abroad  must  be  considered  as  merchandise,  and 
subject  either  to  the  payment  of  duty  or  to  seizure,  as  the 
facts  may  warrant.     Gen.  Reg.  Art.  939. 


ENTRY  OF  PASSENGERS'  BAGGAGE. 

§  215.  Wearing  apparel  and  other  personal  baggage  exempt 
from  duty.  —  The  wearing  apparel  and  other  personal  bag- 
gage, and  the  tools  or  implements  of  a  mechanical  trade  only, 
of  persons  who  arrive  in  the  United  States,  shall  be  free  and 
exempted  from  duty ; 1  and,  to  ascertain  what  articles  ought  to 
be  exempted,  it  is  directed  that  due  entry  thereof,  as  of  other 
goods,  wares,  and  merchandise,  but  separate  and  distinct  from 
that  of  any  other  goods,  wares,  and  merchandise  imported 
from  a  foreign  port  or  place,  shall  be  made  with  the  collector 
of  the  district  in  which  the  said  articles  are  intended  to  be 
landed,  by  the  owner  or  owners  thereof,  or  his  or  their  agent, 
expressing  the  persons  by  whom  or  for  whom  such  entry  is 
made,  and  particularizing  the  several  packages  and  their 
contents,  with  their  marks  and  numbers ;  and  the  person  or 
persons  who  shall  make  the  entry  shall  take  and  subscribe  an 
oath  or  affirmation,  before  the  said  collector,  to  the  effect  that 
the  said  entry  contains,  to  the  best  of  his  knowledge  and  belief, 

1  This  exemption  is  extended  by  the  tariff  act  of  1857  to  "  wearing  ap- 
parel in  actual  use,*  and  other  personal  effects  not  merchandise,  professional 
books,  implements,  instruments,  and  tools  of  trade,  occupation,  or  employ- 
ment of  persons  arriving  in  the  United  States."  The  provisions  of  this  act, 
however,  prescribing  the  mode  of  entry  and  examination,  remain  unchanged. 

*  The  term  "  wearing  apparel "  embraces  articles  either  used  or  ready  for  use,  such  as  it  would 
be  supposed  the  station  in  life  of  the  party  in  possession  would  entitle  or  require  him  or  her  to 
make  actual  use  of.  "Other  personal  effects  not  merchandise"  are  understood  to  be  such  arti- 
cles a*  persons  of  either  sex  have  occasion  to  make  daily  use  of,  such  as  books,  writing  materials, 
combs,  brushes,  and  other  articles  of  the  toilet.  "  Professional  books,  implements,  and  tools  of 
trade,  occupation,  or  employment"  are  understood  to  embrace  such  books  or  instruments  as 
would  naturally  belong  to  a  surgeon,  physician,  engineer,  or  scientific  person  returning  to  this 
country  or  to  immigrants  from  abroad  coming  to  the  United  States  to  settle.    Getu  Reg.  Art.  940. 


128  ENTRY   OF  PASSENGERS'   BAGGAGE. 

a  just  and  true  account  of  the  contents  of  the  several  pack- 
ages, and  that  they  contain  no  goods,  wares,  or  merchandise 
whatever,  other  than  the  wearing  apparel  or  other  personal 
baggage  and  the  tools  of  the  trade  of  the  person  to  whom  the 
same  may  belong,  who  has  arrived  or  is  shortly  expected  to 
arrive  in  the  United  States,  and  that  they  are  not  directly  or 
indirectly  imported  for  any  other  person  or  intended  for 
sale.  And  if  the  party  making  the  entry  be  not  the  owner, 
he  shall  be  required  to  give  a  bond  to  the  collector,  with  one 
or  more  sureties,  in  a  sum  equal  to  what  would  be  the  amount 
of  the  duties  on  the  said  articles  if  imported  subject  to  duty, 
conditioned  that  he  will  produce  to  the  said  collector  the  oath 
of  the  owner  within  one  year,  to  the  effect  as  above  set  forth. 
And  on  compliance  writh  these  requirements,  and  not  other- 
wise, a  permit  shall  be  granted  for  the  landing.  Act  March, 
1799,  §  46. 

§  2 1 6.  But  these  proceedings  may  be  waived.  —  Whenever 
the  collector  a»d  naval  officer  (if  any)  shall  think  proper  so 
to  do,  they  may,  and  are  hereby  authorized,  in  lieu  of  the 
provisions  and  directions  before  mentioned,  to  direct  the  bag- 
gage of  any  person  arriving  within  the  United  States  to  be 
examined  by  the  surveyor  of  the  port,  or  an  inspector  of  the 
customs,  and  to  make  a  return  of  the  same ;  and  if  any  articles 
shall  be  contained  therein,  which,  in  their  opinion,  ought  not 
to  be  exempted  from  duty,  according  to  the  true  intent  and 
meaning  of  this  act,  due  entry  shall  be  made  therefor,  and 
the  duties  thereon  paid,  or  secured  to  be  paid  : x  Provided, 
That  whenever  any  article  or  articles  subject  to  duty,  accord- 
ing to  the  true  intent  and  meaning  of  this  act,  shall  be  found 
in  the  baggage  of  any  person  arriving  within  the  United  States, 
which  shall  not,  at  the  time  of  making  entry  for  such  baggage, 
be  mentioned  to  the  collector  before  whom  such  entry  is  made 
by  the  person  making  the  same,  all  such  articles  so  found  shall 
be  forfeited,  and  the  person  in  whose  baggage  they  shall  be 
found  shall,  moreover,  forfeit  and  pay  treble  the  value  of  such 
articles.     Ibid.  §  46. 


1  These  provisions  have  heen  to  some  extent  superseded,  so  far  as  relates 
to  passengers  arriving  in  steamships,  by  the  annexed  regulations  of  the 
treasury  department :  — 

On  the  arrival  of  any  steamer  from  Europe,  the  collector  shall  detail  an 
experienced  entry  clerk,  who,  with  a  similar  clerk  to  be  designated  by  the 
naval  officer,  and  an  assistant  appraiser  or  examiner,  to  be  detailed  by  the 
appraiser,  shall,  together  with  the  inspector  on  board,  examine  all  the  pas- 
sengers' baggage,  appraise  the  dutiable  value  of  the  same,  and  assess  the 
duty,  if  any.    After  the  examination  and  collection  of  duty,  if  any,  the 


REIMPORTATION  OP  DOMESTIC  ARTICLES.  129 


REIMPORTATION   OF  ARTICLES 

THE    GROWTH,    PRODUCTION,    OR    MANUFACTURE    OF 
THE  UNITED   STATES. 

§  217.  Conditions  of  exemption  from  duty.  —  The  tariff 
act  of  March  3,  1857,  provides  that  "goods,  wares,  and  mer- 
chandise the  growth,  produce,  or  manufacture  of  the  United 
States,  exported  to  a  foreign  country,  and  brought  back  to  the 
United  States  in  the  same  condition  as  when  exported,  upon 
which  no  drawback  or  bounty  has  been  allowed,"  shall  be 
exempted  from  duty :  "  Provided,  That  all  regulations  to 
ascertain  the  identity  thereof,  prescribed  by  existing  laws, 
or  which  may  be  prescribed  by  the  Secretary  of  the  Treasury, 
shall  be  complied  with." 

§  218.  Entry  to  be  made  as  in  other  cases.  —  The  forty- 
eighth  section  of  the  act  of  March  2,  1799,  prescribes  that 
report  and  entry  of  goods,  wares,  or  merchandise  returned,  as 
aforesaid,  shall  be  made  as  in  other  cases  of  goods,  wares,  and 
merchandise  imported  from  a  foreign  port  or  place  ;  and 
proof,  by  oath  or  affirmation,  of  the  person  or  persons  having 
knowledge  of  the  facts,  shall  be  made,  to  the  satisfaction  of 
the  collector  of  the  district  with  whom  such  entry  shall  be 
made,  jointly  with  the  naval  officer  if  there  be  a  naval  officer, 
or  alone  if  there  be  no  naval  officer,  that  the  said  articles  had 
been  exported  from  the  United  States,  as  of  the  growth, 
produce,  or  manufacture  of  the  same,  and  of  the  time  when, 
by.  whom,  in  what  ship  or  vessel,  and  for  what  port  or  place 
they  were  so  exported ;  the  form  of  which  oath  or  affirmation 
shall  be  as  follows  :  — 

delivery  of  baggage  shall  be  made  to  the  respective  owners  by  the  inspector 
on  board,  under  the  general  baggage  permit,  it  being  understood  that  the 
assignment  of  clerks  above  mentioned  is  made,  under  that  permit,  to  see 
that  it  is  properly  executed ;  and  no  baggage,  with  or  without  special  per- 
mit, except  when  authorized  by  this  department,  shall  be  delivered  without 
an  examination  by  all  these  officers. 

Should  any  passenger's  baggage  contain  dutiable  articles  to  the  value  of 
over  five  hundred  dollars,  it  will  be  sent  to  the  appraisers'  store  for  regular 
entry  and  appraisement,  as  provided  by  law.  Gen.  Reg.  Art.  238,  239. 
_  Under  these  regulations,  every  passenger  is  required  to  make  a  declara- 
tion in  writing  of  the  contents  of  his  several  trunks,  bags,  or  other  pack- 
ages ;  and  if,  on  examination,  which  must  be  actual  and  carefully  made,  the 
contents  are  not  found  to  agree  with  the  declaration,  the  penalties  are 
enforced. 


130           REIMPORTATION   OF  DOMESTIC   ARTICLES. 
"  District  of .  Port  of . 


"I> ,  do  solemnly,  sincerely,  and  truly  swear, 

[or  "  affirm,"  as  the  case  may  be,]  that  the  several  articles  of 
merchandise  mentioned  in  the  entry  hereto  annexed  are,  to 
the  best  of  my  knowledge  and  belief,  truly  and  bona  fide  of 
the  growth,  production,  or  manufacture  of  the  United  States, 
[as  the  case  may  be,]  and  that  they  were  truly  exported  and 
imported  as  therein  expressed,  and  that  no  drawback,  bounty, 
or  allowance  has  been  paid  or  admitted  thereon,  or  any  part 
thereof.     So  help  me  God. 

"  Sworn  to,  this day  of ." 

And  if  the  collector  who  may  receive  the  entry  aforesaid  shall 
be  other  than  the  collector  of  the  district  from  which  the  said 
articles  shall  have  been  exported,  a  certificate  of  the  latter 
shall  be  produced  to  the  former,  testifying  the  exportation 
thereof;  the  form  of  which  shall  be  as  follows  :  — 

"  District  of ,  Port  of . 

"  This  is  to  certify  that  there  were  cleared  out  at  this  port, 
on  the  [insert  the  day  of  clearance]  in  the  [insert  the  denom- 
ination and  name  of  the  vessel]  whereof  [insert  the  name" 
was  master,  for  [insert  the  port  or  place  for  which  cleared] 
the  following  articles  of  merchandise,  [here  enumerate  the 
number  of  packages,  their  denomination,  marks,  and  numbers, 
together  with  their  contents,]  on  which  no  drawback,  allow- 
ance, or  bounty  hath  been  paid  or  admitted. 

,  Collector. 

,  Naval  Officer." 

§  219.  If  not  cleared  oiit,  subject  to  duty.  —  If  the  goods 
be  brought  back  to  the  port  from  which  the  alleged  exporta- 
tion was  made,  the  fact  will  be  shown  by  the  outward  manifest 
on  file  in  the  collector's  office ;  and  if  it  do  not  so  appear,  they 
are  not  entitled  to  free  entry,  but  must  be  treated  as  other 
goods  imported  from  foreign  countries.1 

§  220.  Certificate  of  revenue  officer  at  foreign  port  also 
required.  —  In  addition  to  the  oath  of  the  importer,  and  the 
proof  of  exportation  from  the  United  States,  derived  from 
the  records  of  the  customs,  the  treasury  department,  in  the 

1  Clearance  of  the  goods,  on  their  exportation  from  the  United  States,  is 
indispensable  to  their  reimportation  free  of  duty.  No  proofs  drawn  from 
other  sources  can  supply  the  omission.  This  has  been  determined  in  nu- 
merous cases  by  the  department. 


WAREHOUSING.  131 

exercise  of  the  power  conferred  by  the  tariff  act  to  prescribe 
such  other  regulations  as  may  be  deemed  necessary,  has  fur- 
ther directed  that,  before  admitting  any  such  merchandise  to 
free  entry,  the  collector  shall  require  the  production  of  a 
statement,  certified  by  the  proper  officer  of  the  customs  at  the 
foreign  port  from  which  the  reimportation  was  made,  of  the 
fact  that  such  merchandise  was  imported  into  that  country 
from  the  United  States  in  the  condition  in  which  it  is  returned ; 
the  certificate  of  the  foreign  customs  officer  to  be  authenticated 
by  the  consul  of  the  United  States.  But  in  cases  where  the 
certificate  of  the  customs  officer  can  not  be  obtained,  there 
being  no  such  officer  at  the  foreign  port  of  exportation,  a  cer- 
tificate of  the  foreign  recipient  of  the  goods,  or  his  represent- 
ative, having  a  knowledge  of  the  facts,  duly  authenticated  by 
the  consul  of  the  United  States,  may  be  admitted  in  lieu 
thereof,  all  the  other  requirements  of  the  law  and  treasury 
regulations  being  carefully  observed  and  enforced. 

§  221.  Bondmay  be  taken  to  produce  proof  of  clearance, when. 
—  When  the  reimportation  is  made  at  a  port  other  than  that 
of  the  original  exportation,  and  the  certificate  of  the  collector 
of  that  port,  as  above  set  forth,  can  not  be  at  once  produced, 
free  entry  may  be  allowed  —  the  proofs  otherwise  required 
being  presented  —  on  execution  by  the  importer  of  a  bond 
for  the  production  of  such  certificate  within  six  months  there- 
after. 


WAREHOUSING. 

222.  Goods  subject  to  duty  may  be  warehoused.  In  what 
warehouses  they  may  be  deposited,  and  under  what  restrictions. 
Special  provisions  respecting  cellars,  yards,  and  sheds.  —  From 
and  after  the  passage  of  this  act,1  any  goods,  wares,  or  mer- 

1  By  an  act  passed  August  30,  1842,  it  was  provided  that  on  and  after  the 
passage  of  that  act  all  duties  should  be  paid  in  cash.  On  the  6th  of  August, 
18-16,  this  act  was  amended  as  follows  :  — 

"  Be  it  enacted,  #c,  That  the  twelfth  section  of  the  act  entitled  <  An  act 
to  provide  revenue  from  imports,  and  to  change  and  modify  existing  laws 
imposing  duties  on  imports,  and  for  other  purposes,'  approved  August  30, 
1842,  is  hereby  amended  so  as  hereafter  to  read  as  follows  :  {§  12.]  '  And  be  it 
further  enacted,  That  on  and  after  the  day  this  act  goes  into  operation,  the 
duties  on  all  imported  goods,  wares,  or  merchandise  shall  be  paid  in  cash  : 
Provided,  That,  in  all  cases  of  failure  or  neglect  to  pay  the  duties  within  the 
period  allowed  by  law  to  the  importer  to  make  entry  thereof,  or  whenever 
the  owner,  importer,  or  consignee  shall  make  entry  for  warehousing  the 


132  WAREHOUSING. 

chandise  subject  to  duty,  with  the  exception  of  perishable 
articles,  also  gunpowder,  fire  crackers,  and  other  explosive 
substances,  which  shall  have  been  duly  entered  and  bonded 
for  warehousing,  in  conformity  with  existing  laws,  may  be 
deposited,  at  the  option  of  the  owner,  importer,  consignee,  or 
agent,  at  his  expense  and  risk,  in  any  public  warehouse  owned 
or  leased  by  the  United  States,  or  in  the  private  warehouse  of 
the  importer,  the  same  being  used  exclusively  for  the  storage 
of  warehoused  goods  of  his  own  importation  or  to  his  consign- 
ment, or  in  a  private  warehouse  used  by  the  owner,  occupant, 
or  lessee,  as  a  general  warehouse  for  the  storage  of  ware- 
housed goods,  such  place  of  storage  to  be  designated  on  the 
warehouse  entry  at  the  time  of  entering  such  merchandise  at 
the  custom  house  :  Provided,  That  such  private  warehouse 
shall  be  used  solely  for  the  purpose  of  storing  warehoused 
goods,  and  shall  have  been  previously  approved  by  the  Secre- 
tary of  the  Treasury,  and  have  been  placed  in  charge  of  a 
proper  officer  of  the  customs,  who,  together  with  the  owner 
and  proprietor  of  the  warehouse,  shall  have  the  joint  custody 
of  all  the  merchandise  stored  in  said  warehouse,  and  all  the 

same,  in  writing,  in  such  form  and  supported  by  such  proof  as  shall  be  pre- 
scribed by  the  Secretary  of  the  Treasury,  the  said  goods,  wares,  or  merchan- 
dise shall  be  taken  possession  of  by  the  collector,  and  deposited  in  the  public 
stores,  or  in  other  stores  to  be  agreed  on  by  the  collector  or  chief  revenue 
officer  of  the  port  and  the  importer,  owner,  or  consignee,  the  said  stores  to 
be  secured  in  the  manner  provided  for  by  the  first  section  of  the  act  of  April 
20,  1818,  entitled  **  An  act  providing  for  the  deposit  of  wines  and  distilled 
spirits  in  public  warehouses,  and  for  other  purposes,"  there  to  be  kept  with 
due  and  reasonable  care,  at  the  charge  and  risk  of  the  owner,  importer,  con- 
signee, or  agent,  and  subject  at  all  times  to  their  order  upon  payment  of  the 
E roper  duties  and  expenses,  to  be  ascertained  on  due  entry  thereof,  for  ware- 
ousing,  and  to  be  secured  by  bond  of  the  owner,  importer,  or  consignee, 
with  surety  or  sureties,  to  the  satisfaction  of  the  collector,  in  double  the 
amount  of  the  said  duties,  and  in  such  form  as  the  Secretary  of  the  Treasury 
shall  prescribe :  Provided,  That  no  merchandise  shall  be  withdrawn  from 
any  warehouse  in  which  it  may  be  deposited,  in  a  less  quantity  than  in  an 
entire  package,  bale,  cask,  or  box,  unless  in  bulk  ;  nor  shall  merchandise  so 
imported  in  bulk  be  delivered,  except  in  the  whole  quantity  of  each  parcel, 
or  in  a  quantity  not  less  than  one  tun  weight,  unless  by  special  authority  of 
the  Secretary  of  the  Treasury.'  " 

This  act,  from  the  passage  of  which  dates  the  establishment  of  the  ware- 
house system  in  the  United  States,  allowed  the  merchandise  entered  under 
it  to  remain  in  warehouse  only  one  year,  during  which  time  it  might  be 
withdrawn,  as  now,  for  consumption  on  payment  of  duties,  or  for  transporta- 
tion or  exportation  under  bond.  At  the  expiration  of  one  year  from  the 
date  of  importation,  if  still  remaining  in  warehouse,  it  was  required  to  be 
sold  by  the  collector,  and  the  proceeds  disposed  of  as  in  the  case  of  un- 
claimed goods.  By  an  act  passed  March  3,  1849,  these  provisions  were  so 
far  modified  as  to  allow  imported  merchandise,  deposited  in  warehouse  un- 
der bond,  to  be  withdrawn  for  exportation  at  any  time  within  two  years  from 
the  date  of  importation.  But  these  acts  have  been  mainly  superseded  by 
the  "  Act  to  extend  the  warehousing  system,"  as  given  in  the  text. 


WAREHOUSING.  133 

labor  on  the  goods  so  stored  must  be  performed  by  the  owner 
or  proprietor  of  the  warehouse  under  the  supervision  of  the 
officer  of  the  customs  in  charge  of  the  same,  at  the  expense  of 
the  aforesaid  owner  or  proprietor :  And  provided  further, 
That  cellars  and  vaults  of  stores  for  the  storage  of  wines  and 
distilled  spirits  only,  and  yards  for  the  storage  of  coal,  mahog- 
any, and  other  woods  and  lumber,  may,  at  the  discretion  of 
the  Secretary  of  the  Treasury,  be  constituted  bonded  ware- 
houses for  the  storage  of  such  articles  under  the  same  regu- 
lations and  conditions  as  required  in  the  storage  of  other 
merchandise ;  the  cellars  or  vaults  aforesaid  shall  be  exclu- 
sively appropriated  to  the  storage  of  wines  or  distilled  spirits, 
and  shall  have  no  opening  or  entrance  except  the  one  from 
the  street,  on  which  separate  and  different  locks  of  the  custom 
house  and  the  owner  or  proprietor  of  the  cellars  or  vaults 
shall  be  placed.     Act  March  28,  1854,  §  1. 

§  223.  Unclaimed  goods  may  be  taken  possession  of  by  col- 
lector, and  deposited  in  public  or  private  warehouse.  May  be 
sold,  when.  —  Unclaimed  goods,  wares,  or  merchandise  re- 
quired by  existing  laws  to  be  taken  possession  of  by  collectors 
of  the  customs,  may  be  stored  in  any  public  warehouse  owned 
or  leased  by  the  United  States,  or  in  any  private  bonded 
warehouse  authorized  by  this  act,  and  all  charges  for  storage, 
labor,  and  other  expenses  accruing  on  any  such  goods,  wares, 
or  merchandise,  not  to  exceed  in  any  case  the  regular  rates 
for  such  objects  at  the  port  in  question,  must  be  paid  before 
delivery  of  the  goods  on  due  entry  thereof  by  the  claimant  or 
owner ;  or  if  sold  as  unclaimed  goods  to  realize  the  import 
duties,  the  aforesaid  charges  shall  be  paid  by  the  collector  out 
of  the  proceeds  of  the  sale  thereof  before  paying  such  pro- 
ceeds into  the  treasury  as  required  by  existing  laws.  And 
any  collector  of  the  customs  is  hereby  authorized,  under  such 
directions  and  regulations  as  may  be  prescribed  by  the  Secre- 
tary of  the  Treasury,  to  sell,  upon  due  notice,  at  public  auc- 
tion, any  unclaimed  goods,  wares,  or  merchandise  deposited  in 
public  warehouse  whenever  the  same  may,  from  depreciation 
in  value,  damage,  leakage,  or  other  cause,  in  the  opinion  of 
such  collector,  be  likely  to  prove  insufficient  on  a  sale  thereof 
to  pay  the  duties,  storage,  and  other  charges  if  suffered  to  re- 
main in  public  store  for  the  period  now  allowed  by  law  in 
the  case  of  unclaimed  goods.     Ibid.  §  2. 

§  224.  Occupant  of  private  warehouse  to  give  bond,  and 
goods  deposited  either  in  public  or  private  warehouse  to  be  at 
risk  and  expense  of  importer.  —  Before  any  of  the  stores  or 
12 


134  WAREHOUSING. 

cellars  aforesaid,  owned  or  occupied  by  private  individuals, 
shall  be  used  as  a  warehouse  for  merchandise  imported  by 
other  merchants  or  importers,  the  owner,  occupant,  or  lessee 
thereof  shall  enter  into  bond,  in  such  sums  and  with  such 
sureties  as  may  be  approved  by  the  Secretary  of  the  Treas- 
ury, exonerating  and  holding  the  United  States  and  its  officers 
harmless  from  or  on  account  of  any  risk,  loss,  or  expense  of 
any  kind  or  description,  connected  with  or  arising  from  the 
deposit  or  keeping  of  the  merchandise  in  the  warehouse  afore- 
said ;  and  all  imports  deposited  in  any  public  or  private  ware- 
house authorized  by  this  act,  shall  be  at  the  sole  and  exclu- 
sive risk  and  expense  of  the  owner  or  importer.     Ibid.  §  3. 

§  225.  Goods  may  remain  in  warehouse  three  years,  and  be 
withdrawn  for  consumption  or  exportation.  Duties  once  paid 
not  to  be  refunded  on  exportation  of  goods.  No  allowance  to 
be  made  for  drainage  or  leakage  while  in  warehouse.  —  All 
goods,  wares,  and  merchandise  which  may  be  hereafter  duly 
entered  for  warehousing  under  bond,  and  likewise  all  mer- 
chandise now  remaining  in  warehouse  under  bond,  may  con- 
tinue in  warehouse,  without  payment  of  duties  thereupon,  for 
a  period  of  three  years  from  the  date  of  original  importation, 
and  may  be  withdrawn  for  consumption  on  due  entry  and 
payment  of  the  duties  and  charges,  or  upon  entry  for  exporta- 
tion, without  the  payment  of  duties,  at  any  time  within  the 
period  aforesaid :  in  the  latter  case,  the  goods  to  be  subject 
only  to  the  payment  of  such  storage  and  charges  as  may  be 
due  thereon  :  Provided,  however,  That  where  the  duties  shall 
have  been  paid  upon  any  goods,  wares,  or  merchandise  en- 
tered for  consumption,  said  duties  shall  not  be  refunded  on 
exportation  of  any  such  goods,  wares,  or  merchandise  without 
the  limits  of  the  United  States  :  And  provided  further,  That 
there  shall  be  no  abatement  of  the  duties  or  allowance  made 
for  any  injury,  damage,  deterioration,  loss,  or  leakage  sus- 
tained by  any  goods,  wares,  or  merchandise  whilst  deposited 
in  any  public  or  private  bonded  warehouse  established  or 
recognized  by  this  act.     Ibid.  §  4. 

§  226.  Goods  may  be  transported  under  bond  from  one  dis- 
trict to  another,  anfl  from  ports  on  the  Atlantic  to  ports  on  the 
Pacific  through  foreign  territory.  —  Any  goods,  wares,  or 
merchandise  duly  entered  for  warehousing  may  be  withdrawn 
under  bond,  without  payment  of  the  duties,  from  a  bonded 
warehouse  in  any  collection  district  of  the  United  States,  and 
be  transported  to  a  bonded  warehouse  in  any  other  collection 
district  within  the  sam    and  rewarehoused  thereat ;  and  any 


WAREHOUSING.  135 

such  goods,  wares,  or  merchandise  may  be  so  transported  to 
their  destination  wholly  by  land,  or  wholly  by  water,  or  partly 
by  land  and  partly  by  water,  over  such  routes  as  the  Secre- 
tary of  the  Treasury  may  prescribe,  and  may  likewise  be  con- 
veyed over  any  foreign  territory,  the  government  of  which 
may  have  or  shall,  by  treaty  stipulations,  grant  a  free  right  of 
way  over  such  territory  ;  and  for  the  purpose  of  better  guard- 
ing against  frauds'  upon  the  revenue  on  foreign  goods  trans- 
ported between  the  ports  of  the  Atlantic  and  those  of  the 
Pacific  over  land  through  any  foreign  territory,  the  Secretary 
of  the  Treasury  shall  be,  and  is  hereby,  authorized  to  appoint 
special  sworn  agents  as  inspectors  of  the  customs,  to  reside  in 
said  foreign  territory  where  such  goods  may  be  landed  or  em- 
barked, with  power  to  superintend  the  landing  or  shipping  of 
all  goods  passing  coastwise  between  the  ports  of  the  United 
States  on  the  Pacific  and  Atlantic,  and  whose  duty  it  shall  be, 
under  such  regulations  and  instructions  as  the  Secretary  of 
the  Treasury  may  prescribe,  to  guard  against  the  perpetration 
of  any  frauds  upon  the  revenue  :  Provided,  That  the  compen- 
sation paid  to  said  inspectors  shall  not,  in  the  aggregate,  ex- 
ceed five  thousand  dollars  per  annum.     Ibid.  §  5. 

§  227.  Secretary  of  Treasury  to  prescribe  form  of  bond  and 
time  of  delivery.  Penalty  for  failure  to  comply  with  con- 
dition of  bond.  —  The  Secretary  of  the  Treasury  shall  pre- 
scribe the  form  of  the  bond  to  be  given  for  the  transportation 
of  goods,  wares,  and  merchandise  from  a  port  in  one  collection 
district  to  a  port  in  another  collection  district  in  the  United 
States,  as  provided  in  the  preceding  section ;  also  the  time 
for  such  delivery ;  and  for  a  failure  to  transport  and  deliver, 
within  the  time  limited,  any  such  bonded  goods,  wares,  and 
merchandise,  to  the  collector  at  the  designated  port,  an  ad- 
ditional duty  of  one  hundred  per  cent,  shall  be  levied  and  col- 
lected, which  additional  duty  shall  be  secured  by  such  bond, 
or  said  goods,  wares,  and  merchandise  may  be  seized  and 
forfeited  for  such  failure,  and  any  steam  or  other  vessel  or 
vehicle  transporting  such  bonded  goods,  wares,  and  merchan- 
dise, the  master,  owner,  or  conductor  of  which  shall  fail  to  de- 
liver the  same  to  the  collector  at  the  designated  port,  shall  be 
liable  to  seizure  and  forfeiture.     Ibid.  §  6. 

§  228.  Public  warehouses  to  be  discontinued  on  termination 
of  leases,  and  no  new  leases  to  be  entered  into  at  ports  where 
there  may  exist  any  private  warehouse.  But  stores  may  be 
hired  for  use  of  appraisers.  —  All  leases  of  stores  now  held 
by  the  United  States  for  the  purpose  of  storing  warehoused  or 


136  WAREHOUSING. 

unclaimed  goods,  shall,  on  the  shortest  period  of  termination 
named  in  said  leases,  be  cancelled,  and  no  leases  shall  be  en- 
tered into  by  the  United  States  for  any  stores  for  the  storage 
of  warehoused  or  unclaimed  goods  at  any  port  where  there 
may  exist  any  private  bonded  warehouses,  after  July  1, 1855  : 
Provided,  That  nothing  herein  contained  shall  be  construed  to 
prevent  the  leasing  or  hiring  of  such  buildings  or  accommo- 
dations as  may  be  required  for  the  use  of  the  United  States 
appraisers  for  the  due  examination  and  appraisal  of  imported 
merchandise  at  the  ports  where  such  officers  are  provided  by 
law,  nor  to  prohibit  the  leasing  or  hiring  by  collectors  of  the 
customs,  for  short  periods,  with  the  approval  of  the  Secretary 
of  the  Treasury,  of  such  stores  as  may  be  required  for  custom 
house  purposes  at  any  of  the  smaller  revenue  ports  of  the 
United  States  :  Provided,  That  no  collector  or  other  officer  of 
the  customs  shall  enter  into  any  contract  or  agreement  for  the 
use  of  any  building  to  be  thereafter  erected  as  a  public  store 
or  warehouse,  and  no  lease  of  any  building  to  be  so  used  shall 
be  taken  for  a  longer  period  than  three  years,  nor  shall  rent  be 
paid,  in  whole  or  in  part,  in  any  case,  in  advance.  Ibid.  §  7. 
§  229.  Duties  on  goods  destroyed  by  fire  or  other  casualty, 
while  in  warehouse  or  in  course  of  transportation  under  bond, 
may  be  abated.  —  The  Secretary  of  the  Treasury  shall  be,  and 
he  is  hereby,  authorized,  upon  production  of  satisfactory  proof 
to  him  of  the  actual  injury  or  destruction,  in  whole  or  in  part, 
of  any  goods,  wares,  or  merchandise,  by  accidental  fire  or  other 
casualty,  while  the  same  remained  in  the  custody  of  the  offi- 
cers of  the  customs  in  any  public  or  private  warehouse  under 
bond,  or  in  the  appraisers'  stores  undergoing  appraisal,  in 
pursuance  of  law  or  regulations  of  the  treasury  department,  or 
while  in  transportation  under  bond  from  the  port  of  entry  to 
any  other  port  in  the  United  States,  to  abate  or  refund,  as  the 
case  may  be,  out  of  any  moneys  in  the  treasury  not  otherwise 
appropriated,  the  amount  of  impost  duties  paid  or  accruing 
thereupon  ;  and  likewise  to  cancel  any  warehouse  bond  or 
bonds,  or  enter  satisfaction  thereon  in  whole  or  in  part,  as  the 
case  may  be.     Ibid.  §  8. 

§  230.  Goods  fraudulently  concealed  or  removed  from  ware- 
house forfeited.  Penalties  for  concealing,  removing,  or  alter- 
ing or  obliterating  marks.  —  If  any  warehoused  goods  shall  be 
fraudulently  concealed  in,  or  removed  from,  any  public  or  pri- 
vate warehouse,  the  same  shall  be  forfeited  to  the  United 
States  ;  and  all  persons  convicted  of  fraudulently  concealing 
or  removing  such  goods,  or  of  aiding  or  abetting  such  con- 


REGULATIONS  UNDER  THE  WAREHOUSE  LAWS.      137 

cealment  or  removal,  shall  be  liable  to  the  same  penalties 
which  are  now  imposed  for  the  fraudulent  introduction  of 
goods  into  the  United  States  ;  and  if  any  importer  or  proprietor 
of  any  warehoused  goods,  or  any  person  in  his  employ,  shall 
by  any  contrivance  fraudulently  open  the  warehouse,  or  shall 
gain  access  to  the  goods,  except  in  the  presence  of  the  proper 
officer  of  the  customs,  acting  in  the  execution  of  his  duty,  such 
importer  or  proprietor  shall  forfeit  and  pay  for  every  such 
offense  one  thousand  dollars.  And  any  person  convicted  of 
altering,  defacing,  or  obliterating  any  mark  or  marks  which 
may  have  been  placed  by  any  officer  of  the  revenue  on  any 
package  or  packages  of  warehoused  goods,  shall  forfeit  and 
pay  for  every  such  offense  five  hundred  dollars.  Act  August 
6,  1846,  §  3. 

§  231.  Returns  of  goods  in  warehouse  to  be  made  quarterly 
to  treasury  department,  and  abstract  thereof  published.  —  The 
collectors  of  the  several  ports  of  the  United  States  shall  make 
quarterly  reports  to  the  Secretary  of  the  Treasury,  according 
to  such  general  instructions  as  the  said  Secretary  may  give,  of 
all  goods  which  remain  in  the  warehouses  of  their  respective 
ports,  specifying  the  quantity  and  description  of  the  same; 
which  returns,  or  tables  formed  thereon,  the  Secretary  of  the 
Treasury  shall  forthwith  cause  to  be  published  in  the  prin- 
cipal papers  of  the  city  of  Washington.     Ibid.  §  4. 

§  232.  Secretary  of  the  Treasury  authorized  to  make  regu- 
lations. —  The  Secretary  of  the  Treasury  shall  be,  and  is 
hereby,  authorized  from  time  to  time  to  establish  such  rules 
and  regulations,  not  inconsistent  with  the  laws  of  the  United 
States,  for  the  due  execution  of  this  act,  as  he  may  deem  to 
be  expedient  and  necessary ;  and  all  acts  and  parts  of  acts 
conflicting  with  this  act  are  hereby  repealed.  Act  March  28, 
1854,  §  9. 


REGULATIONS  UNDER  THE  WAREHOUSE 
LAWS. 

§  233.  Warehouses,  how  classified.  — Warehouses  in  which 
unclaimed  and  bonded  merchandise  shall  be  stored  will  here- 
after be  known  and  designated  as  follows  :  — 

§  234.  I.  Stores  owned  by  the  United  States  or  hired  by 
them.  —  All  unclaimed  goods  must  be  stored  in  these  stores 
when  there  are  such  at  the  port  available  for  the  purpose ; 


138      EEGULATIONS   UNDER  THE  WAREHOUSE  LAWS. 

and  they  are  also  to  be  used  for  the  storage  of  other  foreign 
merchandise.  All  the  labor  in  these  stores  shall  be  performed 
under  the  superintendence  of  the  officer  in  charge,  at  the  ex- 
pense of  the  owner  or  importer  of  the  merchandise,  and  all 
charges  for  storage,  labor,  and  other  expenses  accruing  on  the 
goods  shall  not  exceed  the  regular  rates  for  such  objects  at 
the  port.  Stores  of  this  description  will  be  known  and  desig- 
nated as  Class  I. 

§  235.  II.  Stores  in  the  possession  of  an  importer,  and  in 
his  sole  occupancy,  which  he  may  desire  to  place  under  the 
customs  lock,  in  addition  to  his  own  lock,  (said  locks  to  be  of 
a  different  character,)  for  the  purpose  of  storing  dutiable  mer- 
chandise imported  by  himself  only.  The  entire  store  shall  be 
appropriated  to  this  sole  purpose ;  and  for  the  time  of  the 
customs  officer  necessarily  required  in  attendance  at  such 
store,  the  proprietor  shall  pay  monthly,  to  the  collector  of  the 
port,  such  sum  as  he  may  deem  proper  for  the  service ;  not 
less,  however,  than  the  pay  of  such  officer.  All  the  labor  on 
goods  so  stored  must  be  performed  by  the  importer  at  his  own 
expense,  under  the  supervision  of  the  officer  in  charge.  Stores 
of  this  description  will  be  known  and  designated  as  Class  II. 

§  236.  III.  Stores  in  the  occupancy  of  persons  desiring  to 
engage  in  the  business  of  storing  dutiable  merchandise  under 
the  warehouse  acts,  and  of  performing  the  labor  on  such 
goods,  in  what  is  usually  termed  the  storage  business.  Stores 
of  this  class  shall  be  used  solely  for  the  storage  of  warehoused 
goods,  and  of  unclaimed  and  seized  goods,  when  ordered  by 
the  collector,  and  shall  have  been  previously  approved  by  the 
Secretary  of  the  Treasury.  All  the  labor  on  the  goods  de- 
posited in  these  stores  must  be  performed  by  the  owner  or 
occupant  of  the  warehouse  ;  and  the  store  shall  be  subject  to 
such  further  rules  as  this  department  may  deem  necessary, 
from  time  to  time,  for  the  safe  keeping  of  the  goods  and  pro- 
tection of  the  revenue,  and  to  be  discontinued  as  a  bonded 
warehouse  when  the  public  interest  may  require.  All  ar- 
rangements, as  regards  the  rates  of  storage  and  the  price  of 
labor  on  bonded  goods  in  these  stores,  must  be  made  between 
the  importer  and  the  owner  or  occupant  of  the  store ;  and  all 
amounts  due  for  storage  and  labor  must  be  collected  by  the 
latter,  the  collector  looking  only  to  the  safe  custody  of  the 
merchandise  for  the  security  of  the  revenue.  Unclaimed  and 
seized  goods  shall  be  received  in  stores  of  this  class  on  the 
order  of  the  collector,  and  the  proprietor  or  owner  thereof 
shall  be  liable  for  the  safe  keeping  of  the  merchandise  as  for 


REGULATIONS  UNDER  THE  WAREHOUSE  LAWS.      139 

other  goods  ;  and  all  charges  for  labor,  storage,  and  other  ex- 
penses on  such  goods  shall  not  exceed,  in  any  case,  the  regu- 
lar rates  at  the  port  in  question.  The  collector  shall  give  no 
permit  to  withdraw  such  goods  without  payment  of  the  legal 
duties  and  charges  so  assessed,  and  if  sold,  shall  cause  the 
storage  and  charges  to  be  paid  out  of  the  proceeds  of  the  sale. 
Stores  of  this  description  will  be  known  and  designated  as 
Class  III. 

§  237.  IV.  For  the  storage  of  wood,  coal,  mahogany,  dye 
woods,  lumber,  molasses,  sugar  in  hogsheads  and  tierces,  rail- 
road,  pig,  arid  bar  iron,  anchors,  chain  cables,  and  such  other 
articles  specially  authorized,  yards  or  sheds  of  suitable  con- 
struction may  be  used.  These  yards  must  be  enclosed  by 
substantial  fences,  not  less  than  twelve  feet  in  hight,  with 
gates  provided  with  suitable  bars  and  other  fastenings,  so  as 
to  admit  of  being  secured  by  customs  locks,  and  must  be  used 
exclusively  for  the  storage  of  the  above-named  merchandise. 
The  sheds  must  be  substantially  constructed,  with  or  without 
flooring  or  roofing,  as  this  department  and  the  collector  may 
require  ;  and  when  required,  the  roof  or  exterior  shall  be  cov- 
ered with  slate  or  metal.  The  doors  and  other  openings  must 
be  provided  with  suitable  fastenings,  and  be  secured  by  the 
different  and  separate  locks  of  the  occupant  and  the  customs  ; 
and  the  occupant  shall  provide  a  proper  room  for  the  use  of 
the  officer  in  charge.  Collectors  of  the  customs  may  order 
unclaimed  and  seized  merchandise,  of  the  description  herein 
authorized  to  be  deposited  in  sheds  or  yards,  to  be  placed  in 
such  sheds  or  yards  under  the  same  regulations  and  conditions 
as  are  provided  for  the  deposit  of*  unclaimed  or  seized  goods 
in  warehouses  of  Class  III.  Sheds  and  yards  of  the  foregoing 
description  will  be  designated  and  known  as  Class  I V.  Gen. 
Reg.  Art.  421. 

§  238.  Cellars  and  vaults  may  be  used  as  warehouses  of 
Class  II.  —  The  owner  or  lessee  of  a  store  occupied  for  gen- 
eral business  purposes  may  use  the  cellar  or  vault  of  such 
store,  as  a  bonded  warehouse  of  Class  II.,  for  the  storage  of 
wines  and  distilled  spirits  only,  and  exclusively  of  his  own  im- 
portation. But  the  entire  cellar  or  vault  must  be  appropriated 
to  this  purpose,  and  shall  have  no  opening  or  entrance  except 
the  one  from  the  street  on  which  the  separate  and  different 
locks  of  the  customs  and  the  owner  or  proprietor  of  the  cellar 
shall  be  placed.     Ibid.  Art.  421. 

§  239.  Owner  or  occupant  to  give  bond.  —  Before  any 
building,  yard,  shed,  or  cellar  can  be  used  as  a  warehouse, 


140      REGULATIONS  UNDER  THE  WAREHOUSE  LAWS. 

either  of  the  second,  third,  or  fourth  class,  the  owner  or  occu- 
pant must  enter  into  bond  to  the  United  States  according  to 
forms  prescribed  by  the  Secretary  of  the  Treasury,  under  the 
third  section  of  the  act  of  March  28,  1854. 

§  240.  Warehouses  to  be  placed  in  charge  of  officers  of  the 
customs.  —  Goods  deposited  in  warehouses  of  the  second, 
third,  or  fourth  class  are  required  to  be  kept  under  the  joint 
custody  of  the  United  States  and  the  owner  or  occupant  of  the 
warehouse.  One  officer  may  have  in  charge  as  many  cellars 
or  warehouses  of  the  second  class,  not  exceeding  six  in  num- 
ber, as,  in  the  judgment  of  the  collector,  such  officer  can  prop- 
erly superintend ;  but  to  every  warehouse  of  the  third  class 
a  special  officer  is  to  be  assigned,  and  more  than  one  if  the 
business  of  such  warehouse  renders  additional  officers  neces- 
sary. 

§  241.  Compensation  of  officers  in  charge  of  warehouses.  — 
The  compensation  of  the  officer  or  officers  in  charge  of  any 
warehouse  is  required  to  be  borne  by  the  owner  or  occupant 
of  such  warehouse,  and  a  stipulation  for  the  payment  of  the 
same  forms  one  of  the  conditions  of  the  warehouse  bond,  or  is 
indorsed  on  the  bond  at  the  time  of  its  execution :  and  where 
an  officer  has  charge  of  more  than  one  store,  cellar,  or  yard, 
the  amount  to  be  contributed  by  each  is  determined  by  the 
collector.  But  in  such  cases  the  occupant  may  stipulate  to 
pay  monthly  a  sum  equivalent  to  the  pay  of  the  officer,  or  one 
half  the  amount  which  would  accrue  as  storage  on  the  goods 
deposited  if  placed  in  a  public  warehouse.  Treas.  Reg.,  June 
30,  1857. 

§  242.  Application  to  have  a  store,  cellar,  or  yard  con- 
stituted a  bonded  warehouse,  how  made.  —  Whenever  it  is 
desired  to  have  any  building  constituted  a  private  bonded 
warehouse  of  the  second  and  third  classes,  the  owner  or  occu- 
pant must  make  application  in  writing  to  the  collector,  de- 
scribing the  premises,  and  setting  forth  the  purpose  for  which 
the  building  is  proposed  to  be  used :  whether  for  the  storage 
of  merchandise  imported  by  or  consigned  to  himself  exclu- 
sively, or  for  the  general  storage  of  merchandise  in  bond.  This 
application  must  be  accompanied  by  a  certificate  signed  by  the 
proper  officers  of  two  or  more  insurance  companies,  that  the 
building  offered  is  a  first  class  fire-proof  store,  according  to  the 
classification  of  insurance  offices  at  the  port.  The  collector 
will,  thereupon,  direct  the  superintendent  of  warehouses  to  ex- 
amine and  inspect  the  premises,  and  to  report  in  writing  the 
particulars  in  relation  to  the  location,  construction,  and  dimen- 


REGULATIONS  UNDER  THE  WAREHOUSE  LAWS.      141 

sions  of  the  store,  the  means  provided  for  securing  custody  of 
the  merchandise  which  may  be  deposited  in  the  same,  and  all 
other  facts  having  a  bearing  on  the  subject.  On  the  receipt 
of  this  report  the  collector  will  transmit  the  same  to  this  de- 
partment, together  with  the  application  of  the  party,  the  in- 
surance certificates,  and  a  statement  of  his  own  views  and 
opinion.  If  the  reports  be  satisfactory,  and  it  appear  that 
the  public  interest  will  be  subserved  thereby,  the  application 
will  be  granted :  whereupon  the  owner  or  occupant  will  be 
required  to  enter  into  bond  in  the  form  prescribed,  in  such 
penalty,  and  with  such  security,  as  the  collector  may  deem 
proper;  on  the  approval  of  which  by  the  department,  the 
building  may  be  considered  a  duly  constituted  bonded  ware- 
house. Applications  for  the  bonding  of  yards  and  .sheds  as 
warehouses  of  the  fourth  class  will  be  made  in  a  similar  man- 
ner and  under  like  regulations.      Gen.  Reg.  Art.  424. 

§  243.  Stores  to  have  proper  fastenings.  Occupant  may 
have  counting  room.  —  Warehouses  of  the  second  and  third 
classes  will  be  required  to  have  such  fastenings  on  the  doors 
and  windows  as  the  collector  may  deem  requisite  for  the  se- 
curity of  the  property.  Such  warehouses  must  also  be  sepa- 
rated from  adjoining  buildings  by  brick  or  stone  walls,  in 
which  no  doors  or  other  openings  will  be  permitted.  But  an 
office  for  the  accommodation  of  the  owner  or  occupant  may  be 
allowed ;  such  office  being  separated  by  a  permanent  partition 
from  the  rest  of  the  store,  so  that  the  owner  shall  have  no 
access  to  the  goods,  except  in  the  presence  of  the  officer,  who 
must  be  allowed  such  use  of  the  office  as  may  be  necessary 
for  him  in  making  his  daily  returns  of  receipts,  deliveries,  and 
examinations.     Ibid.  Art.  425,  426. 

§  244.  Warehouse,  the  owner  of  which  neglects  to  pay  for 
services  of  officer,  or  disregards  regulations,  to  be  closed.  — 
Should  the  owner  or  occupant  of  any  store,  cellar,  or  yard 
neglect  or  refuse  to  pay  to  the  collector  the  sum  required  for 
the  use  of  the  officer  or  officers,  as  the  case  may  be,  or  fail  or 
refuse  to  comply  with  any  law  regulating  the  storage  of  mer- 
chandise, or  any  rule  or  regulation  issued  by  this  depart- 
ment or  by  the  collector  for  the  safety  of  the  goods  stored,  the 
collector  .shall  refuse  permission  to  deposit  goods  in  such 
store,  and  report  the  facts  at  once  to  this  department  for  its 
further  action.     Ibid.  Art.  428. 

§  245.  Collector  may  require  new  bond.  Occupant  of  ware- 
house may  relinquish  the  same.  —  The  proprietors  or  occu- 
pants of  stores  Nos.  2,  3,  and  4,  on  ten  days'  notice  from  the 


142      REGULATIONS   UNDER  THE  WAREHOUSE  LAWS. 

collector,  may  be  required  to  renew  their  bonds  ;  and  if  tliey 
fail  so  to  do,  no  more  goods  shall  be  sent  to  their  stores,  and 
those  within  the  same  shall  be  withdrawn  at  their  expense : 
and  the  proprietor  or  occupant  of  any  such  store  shall  have 
the  right  to  relinquish  the  business  at  any  time,  on  notice  to 
the  owners  of  the  merchandise  deposited  therein,  and  paying 
the  expense  of  its  removal  to  other  stores,  when  his  bond  shall 
be  canceled.     Ibid.  Art.  429. 

§  246.  Goods  may  be  transferred  from  one  warehouse  to  an- 
other on  request  of  importer.  —  Merchandise  duly  deposited  in 
a  warehouse  under  bond,  and  entitled  to  remain  therein,  may 
be  transferred  to  another  warehouse,  on  the  request  of  the  im- 
porter or  owner  thereof;  or  when  an  importer  may  obtain  the 
privilege  of  using  a  store  or  cellar  of  Class  II.,  and  may  desire 
to  transfer  thereto  such  merchandise  imported  by  or  consigned 
to  him,  it  may  be  done  on  his  written  request  to  the  collector ; 
but  such  transfer  shall,  in  all  cases,  be  at  the  risk  and 
expense  of  the  party  requesting  it,  and  under  the  supervision 
of  an  officer  of  the  customs.     Ibid.  Art.  430. 

§  247.  Entry  of  goods  for  warehousing.  —  Any  portion 
of  an  invoice  not  less  than  an  entire  package,  or,  if  the  mer- 
chandise be  in  bulk,  not  less  than  one  tun  in  weight,  may  be 
entered  for  warehousing,  and  the  remainder  for  immediate 
payment  of  duties ;  but  the  entries  must  be  made  simulta- 
neously. In  making  a  warehouse  entry,  the  dutiable  value  of 
each  case,  cask,  bale,  or  other  package  is  required  to  be  ex- 
tended separately,  when  practicable,  in  the  currency  in  which 
the  invoice  is  stated,  and  also  in  the  currency  of  the  United 
States  ;  and  like  oaths  or  affirmations  are  to  be  taken  in  like 
cases  as  when  merchandise  is  entered  inward  for  duties. 

§  248.  Bond  to  be  given  by  importer.  —  Before  a  permit 
can  be  granted  for  the  deposit  of  goods  in  warehouse,  the 
importer  is  required  to  enter  into  bond  to  the  United  States, 
with  satisfactory  security,  in  a  sum  double  the  amount  of  the 
estimated  duties,  conditioned  that  on  or  before  the  expiration 
of  three  years  from  the  date  of  the  importation  of  the  mer- 
chandise described  in  his  entry,  he  will  well  and  truly  pay,  or 
cause  to  be  paid,  the  amount  of  duties  ascertained  to  be  due 
thereon,  or  withdraw  the  said  merchandise  from  warehouse  in 
the  mode  prescribed  by  law. 

§  249.  Goods  sent  to  warehouse  to  be  accompanied  by  re- 
ceipts.—  When  goods  are  sent  from  a  vessel  or  other  con- 
veyance, in  which  the  same  may  have  been  imported,  to  a 
warehouse  under  a  warehouse  permit,  each  cart  or  lighter 


REGULATIONS   UNDER  THE  WAREHOUSE  LAWS.      143 

load  will  be  accompanied  with  a  receipt,  specifying  the  marks, 
numbers,  and  description  of  packages.  This  receipt  will  be 
signed  by  the  officer  in  charge  of  the  store  on  due  receipt  of 
the  goods,  and  will  be  returned  by  the  cartman  or  lighterman 
to  the  inspector.  These  receipts  are  to  be  numbered  pro- 
gressively ;  and  in  case  the  numbers  do  not  arrive  at  the  store 
in  due  course,  the  officer  in  charge  of  the  store  shall  forthwith 
ascertain  the  cause ;  and  if  there  be  any  appearance  of  fraud, 
he  will  advise  the  collector  thereof  without  delay.  Should 
the  cartman  or  lighterman  refuse  or  neglect  to  return  the 
receipts  to  the  inspector,  that  officer  will  report  the  fact  to  the 
collector,  and  the  employment  of  such  cartman  or  lighterman 
will  not  afterwards  be  permitted.      Gen.  Reg.  Art.  436. 

§  250.  Importer  entitled  to  warehouse  certificate.  —  When 
goods  entered  for  warehousing  have  been  deposited  in  store, 
the  quantity  ascertained,  the  dutiable  value  determined,  and 
the  additional  duty,  if  any,  paid,  the  person  making  entry  of  the 
same  is  entitled,  on  application  therefor  in  writing,  to  a  Certifi- 
cate for  the  entire  importation,  or  for  one  or  more  packages  or 
parcels  thereof,  as  he  may  require.  This  certificate  is  required 
to  be  signed  by  the  collector  and  naval  officer  where  there  is 
one  ;  and  on  its  presentation  at  the  custom  house,  duly  in- 
dorsed by  the  person  in  whose  favor  it  may  have  been  granted, 
it  operates,  in  practice,  to  transfer  the  control  of  the  goods  to 
the  party  named  in  the  indorsement,  who  is  thereupon  allowed 
to  withdraw  the  same,  to  the  exclusion  of  the  original  im- 
porter. Certificates  can  be  granted  only  on  goods  deposited 
in  warehouses  known  as  Class  I. 

§  251.  Withdrawal  entry  for  consumption  at  port  of  origi- 
nal importation.  —  Merchandise  entered  for  warehousing  may 
be  withdrawn  for  consumption  at  any  time,  as  well  before  as 
after  its  deposit  in  store  ;  but  in  the  former  case  the  importer 
is  required  to  pay  half  a  month's  storage,  and,  if  the  duties 
have  not  been  definitely  ascertained,  to  enter  into  bond,  under 
the  provision  of  the  fourth  section  of  the  act  of  May  28,  1830, 
for  the  payment  of  any  additional  duties  which  may  be  found 
due,  or  the  redelivery  of  the  goods  if  demanded  by  the  col- 
lector. The  entry  for  withdrawal  for  consumption  must  be 
made  by  the  party  in  whose  name  the  goods  were  ware- 
housed, or  by  some  person  duly  authorized  by  such  party, 
and  must  exhibit  the  marks  and  numbers  of  the  packages, 
and  the  dutiable  value  of  each,  as  particularly  as  described  in 
the  original  warehouse  entry.  No  entry  is  admissible  for  any 
quantity  les3  than  one  entire  package,  or  one  tun  in  weight 


144      REGULATIONS  UNDER  THE  WAREHOUSE  LAWS. 

if  the  merchandise  be  in  bulk.  This  entry,  as  well  as  the 
entry  for  warehousing,  must  be  made  in  duplicate. 

§  252.  Transportation  entry  from  one  "port  to  another  in 
the  United  States.  —  Goods  duly  entered  for  warehousing  may 
be  withdrawn  from  warehouse  in  one  district  for  transporta- 
tion to  another  district  without  payment  of  duties.  The  entry 
for  this  purpose  is  required  to  be  made  in  triplicate;  and, 
when  the  goods  are  withdrawn  by  a  party  other  than  the 
original  importer,  the  same  authorization  must  be  produced 
as  in  case  of  entry  for  consumption.  And,  in  addition  to  the 
particulars  required  in  that  case,  this  entry  must  also  exhibit 
the  name  of  the  consignee  at  the  port  of  destination,  and  the 
name  of  vessel  by  which  the  goods  are  to  be  transported ;  or 
if  the  transportation  be  by  land,  or  partly  by  land  and  partly 
by  water,  the  particular  railroad  or  other  route  must  be 
designated.  The  party  making  the  entry  must  also  present  a 
copy  of  so  much  of  the  original  invoice  as  relates  to  the  mer- 
chandise, if  package  goods,  described  in  such  entry,  or,  if 
other  than  package  goods,  a  copy  of  the  whole  invoice.  This 
copy  must  be  a  literal  copy  of  the  original,  and,  if  in  a  foreign 
language,  a  translated  copy,  and  contain  all  the  particulars 
set  forth  in  that  document,  and,  with  the  triplicate  entry,  be 
transmitted  to  the  collector  of  the  port  of  destination.  But 
it  is  to  be  distinctly  understood  that  no  merchandise  can 
be  entered  for  transportation  from  one  port  to  another  in  the 
United  States,  and  withdrawn  from  warehouse  on  such  entry, 
until  all  the  examinations  and  returns  have  been  made,  and 
the  dutiable  value  and  duties  definitely  fixed. 

§  253.  Bond  to  be  given  for  transportation.  —  Before  a 
permit  can  be  granted  for  the  delivery  of  merchandise  for 
transportation,  the  party  making  entry  must  enter  into  bond  to 
the  United  States  with  the  following  conditions,  viz. :  that, 
within  the  time  limited  in  the  bond,  or  such  further  time  as 
may  be  granted  by  the  Secretary  of  the  Treasury  on  appli- 
cation of  the  principal  before  the  maturity  of  such  bond,  he 
will  transport  the  said  merchandise  by  the  route  indicated  in 
the  entry  to  the  port  of  destination  specified,  and  deliver  the 
same  to  the  collector  of  the  customs  at  such  port,  and  within 
a  reasonable  time  thereafter  produce  the  certificate  of  said 
collector,  testifying  to  such  delivery,  or  that,  in  default  thereof, 
he  will  pay  to  the  proper  collecting  officer  at  the  port  of  with- 
drawal the  amount  of  duties  ascertained  to  be  due  on  the 
merchandise,  together  with  the  additional  duty  of  one  hundred 
per  cent,  imposed  in  such  cases  by  law. 


REGULATIONS  UNDER  THE  WAREHOUSE  LAWS.      145 

§  254.  Time  allowed  for  transportation  between  one  port 
and  another.  —  If  the  port  to  which  the  merchandise  is  to  be 
transported  be  not  more  than  one  hundred  miles  distant  by 
the  route  proposed,  the  time  inserted  in  the  bond  shall  be 
twenty  days  ;  if  over  one  hundred,  and  less  than  two  hundred 
and  fifty  miles,  thirty  days  ;  if  over  two  hundred  and  fifty, 
and  less  than  five  hundred  miles,  sixty  days  ;  and  if  over  five 
hundred  miles,  ninety  days ;  but  if  the  distance  be  over  two 
hundred  and  fifty  miles,  the  collector  may,  at  the  instance  of 
the  party,  allow  thirty  additional  days.  Nine  months  will  be 
allowed  for  transportation  of  merchandise  in  bond  between 
the  Atlantic  and  Pacific  ports  of  the  United  States  around 
Cape  Horn,  and  four  months  by  other  routes  between  those 
ports.      Gen.  Meg.  Art.  447. 

§  255.  Wines  and  distilled  spirits  to  be  sampled,  branded, 
and  sealed  before  delivery.  Cigars  to  be  cased.  —  Wines  in 
cases  or  baskets  transported  in  bond  from  one  port  to  another 
in  the  United  States  must  be  branded  and  sealed ;  and  all 
cigars  eo  transported  must  be  encased  and  sealed  before  de- 
livery from  store.  Wines  and  distilled  spirits  in  casks  must 
be  sampled,  and  have  the  number  of  bung  or  other  holes 
legibly  branded  on  the  exterior,  and  such  holes  must  be  sealed 
with  the  custom  house  seal  of  the  port  to  prevent  change  of 
contents  or  adulteration  in  transit.  The  expense  of  branding 
and  sealing  is  a  charge  upon  the  goods.  Merchandise  in  bulk, 
and  articles  in  bales  or  other  packages  which  can  not  conven- 
iently be  sealed,  must  be  examined  before  delivery,  and  the 
weight,  gauge,  or  measure  specified  on  the  entry,  and  the 
triplicate  thereof.  Whenever  practicable,  each  package  will 
also  be  marked  with  the  name  of  the  port  of  withdrawal  and 
that  of  destination,  thus  :   "  Port  of ,  in  bond  for  port 

of •" 

§  25  6.  Transportation  across  the  Isthmus  of  Panama.  — 
When  merchandise  is  entered  for  transportation  between  the 
Atlantic  and  Pacific  ports  of  the  United  States,  by  way  of  the 
Isthmus  of  Panama,  or  other  inter-oceanic  route  over  foreign 
territory,  the  collector  will,  before  the  delivery  of  the  merchan- 
dise from  warehouse,  and  at  the  expense  of  the  transporter, 
cause  each  box,  bale,  case,  or  other  package,  to  be  corded, 
and  a  lead  seal  attached  thereto,  and  cigars  in  small  boxes  to 
be  packed  in  cases,  and  so  sealed.  A  duly  certified  copy  of 
the  entry,  with  the  duties  estimated  thereon,  and  a  certified 
copy  of  the  invoice,  with  the  appraisers'  report,  must  accom- 
pany the  goods,  and  a  triplicate  entry,  as  in  other  cases  of 
13 


146      REGULATIONS   UNDER  THE  WAREHOUSE  LAWS. 

transportation  in  bond,  be  forwarded  by  the  collector,  by  the 
first  mail,  to  the  collector  at  the  port  of  destination.  These 
papers  will  each  contain  a  statement  of  the  particulars  of  the 
sealing,  branding,  and  marking  of  the  goods.  On  arrival  at 
the  isthmus,  the  copy  of  the  entry  will  be  exhibited  to  the 
United  States  revenue  agent,  if  there  be  one  residing  there  ; 
if  none,  then  to  the  United  States  consul  residing  at  the  port, 
who  will  examine  the  packages,  and  compare  the  same  with 
the  description  in  the  copy  of  the  entry,  and  will  certify  the 
result  of  his  examination  on  the  copy,  and  deliver  it  to  the 
owner  or  his  agent.  On  arrival  at  the  port  on  the  isthmus 
from  which  the  goods  are  to  be  shipped  to  the  United  States, 
the  same  examination  and  comparison .  shall  be  made  by  the 
United  States  revenue  agent,  if  there  be  one  residing  there  ; 
if  none,  then  by  the  United  States  consul ;  and  the  result  cer- 
tified by  him  on  the  copy  of  the  entry,  and  the  same  delivered 
to  the  owner  or  his  agent  in  charge  of  the  goods.  On  arrival 
of  the  goods  at  the  port  of  destination,  the  copy  of  the  entry, 
with  the  official  certificates  thereon,  shall  be  delivered  at  once 
to  the  collector  of  the  customs,  who,  if  satisfied  of  the  identity 
of  the  goods,  will  admit  the  same  to  entry  for  re  warehousing ; 
but  if  not  so  satisfied,  will  keep  them  in  custody,  and  report 
the  case  to  the  department  for  instructions.  Gen.  Reg.  Art. 
452,  454. 

§  257.  Warehouse  and  transportation  entry  combined.  — 
On  the  arrival  from  a  foreign  port  of  any  merchandise  which 
the  consignee  desires  to  forward  immediately  to  another  port 
in  the  United  States,  he  may  make  an  entry  for  warehouse 
and  transportation.  In  such  cases,  it  is  not  necessary  that 
the  merchandise  should  be  deposited  in  warehouse,  but  it  may 
remain  on  board  the  importing  vessel,  until  the  requisite  ex- 
aminations have  been  made  by  the  appraisers,  (unless  such 
examinations  are  delayed  beyond  the  time  allowed  by  law  for 
the  goods  to  remain  on  board,)  when  it  will  be  delivered 
directly  from  the  vessel  for  transportation,  without  charge  or 
expense  of  any  kind.  No  delivery,  however,  can  be  made 
until  the  required  examinations  have  been  completed  and  the 
dutiable  value  of  the  merchandise  finally  determined ;  and  if 
these  be  not  accomplished  before  the  landing,  the  merchandise 
must  be  sent  to  store. 

§  258.  Transportation  route  to  be  described  in  entry.  — 
Merchandise  may  be  transported  from  one  port  to  another 
over  such  route  and  by  such  means  of  conveyance  as  the 
party  may  elect.     But  whatever  mode  of  transportation  may 


REGULATIONS  UNDER  THE  WAREHOUSE  LAWS.      147 

be  adopted,  whether  by  land  or  water,  or  partly  by  land 
and  partly  by  water,  the  route  must  be  set  forth  and  particu- 
larly described  in  the  entry. 

§  259.  Bonded  goods  arriving  at  port  of  destination  in  ad- 
vance of  transportation  certificate,  to  be  taken  possession  of  by 
collector.  —  Goods  transported  under  bond  from  one  port  of 
the  United  States  to  another,  and  arriving  in  advance  of  the 
transportation  papers,  are  to  be  treated  as  unclaimed  goods, 
and  sent  to  the  bonded  warehouses  provided  for  the  reception 
of  that  class  of  merchandise. 

§  260.  Bonded  goods  to  be  accompanied  with  manifests.  — 
Masters  of  vessels,  or  conductors  of  railroad  cars  or  other  ve- 
hicles, by  which  goods  are  conveyed  from  one  port  of  the 
United  States  to  another,  will  be  required  to  have  and  ex- 
hibit a  manifest  or  manifests  of  the  goods  so  transported 
in  bond. 

§  261.  On  arrival  at  port  of  destination,  entry  to  be  made 
for  rewarehousing.  —  On  the  arrival  of  any  goods,  transported 
under  bond,  at  the  port  of  destination,  they  must  immediately 
be  entered  for  rewarehousing,  —  the  entry  in  such  case  being 
a  copy,  so  far  as  description  and  value  are  concerned,  of  the 
transportation  entry,  —  and  bond  given  for  payment  of  duties, 
as  in  case  of  entry  for  warehouse  at  port  of  original  importa- 
tion, unless  the  consignee  desire  to  pay  the  duties,  and  obtain 
possession  of  the  goods  at  once,  or  to  export  the  same  forth- 
with to  a  foreign  port,  in  which  case  he  may  combine,  in  one, 
an  entry  for  rewarehousing  and  withdrawal  for  consumption, 
or  for  rewarehousing  arid  immediate  exportation.  In  both 
these  cases  the  rewarehouse  bond  is  dispensed  with,  and  the 
only  bond  required  is  that  provided  by  the  fourth  section  of 
the  act  of  May  28,  1830,  or  the  bond  directed  to  be  taken  in 
case  of  goods  exported  from  warehouse.  This  latter  form  of 
entry,  however,  is  only  allowed  in  respect  to  merchandise  in 
bulk,  woods,  wines  and  spirits  branded  and  sealed,  cases 
corded  and  sealed,  sugar,  molasses,  iron,  and  other  heavy 
goods  which  can  be  readily  identified  by  the  inspecting  officer. 
All  other  articles,  though  intended  for  immediate  exportation, 
must  be  duly  entered  for  rewarehousing,  and  be  examined  by 
the  appraiser  before  an  export  entry  can  be  received. 

§  262.  Examination  at  second  port.  —  On  the  arrival  at 
the  port  of  destination  of  any  goods  transported  under  bond, 
the  same  examinations,  except  as  above  stated,  are  required 
to  be  made  as  on  entry  from  a  foreign  port ;  and  should  any 
difference  in  valuation  or  classification  be  reported  by  the  ap- 


148      REGULATIONS   UNDER  THE  WAREHOUSE  LAWS. 

praiser,  the  collector  at  the  port  of  withdrawal  will  be  notified 
of  the  fact,  and  the  entry  meantime  suspended.  The  case  is 
also  required  to  be  reported  to  the  department. 

§  263.  Actual  delivery  to  be  made.  —  Under  the  condition 
of  the  transportation  bond,  there  must  be  an  actual  delivery 
of  the  merchandise  to  the  proper  officer  of  the  customs  at  the 
port  of  destination ;  and  the  removal  of  the  goods  by  the  con- 
signee from  the  vessel  or  other  vehicle  of  transportation,  be- 
fore entry  and  without  permit,  works  a  forfeiture  of  the  bond, 
or  the  goods  and  vehicle  may  be  seized  and  confiscated. 
Goods  transported  to  a  second  port,  and  thence  exported,  are 
required  to  be  delivered,  as  well  as  goods  intended  for  actual 
rewarehousing,  and  the  subsequent  production  of  proof,  in 
case  of  a  failure  to  make  such  delivery,  that  the  goods  were 
exported  and  landed  beyond  the  limits  of  the  United  States, 
will  not  authorize  a  cancellation  of  the  transportation  bond,  or 
relieve  the  transporter  from  the  penalty  for  non-delivery. 

§  264.  Bond  forfeited  when  goods  are  not  transported  within 
time  limited.  But  entry  may  be  admitted,  when.  —  The  fail- 
ure to  transport  and  deliver  merchandise,  withdrawn  under 
this  form  of  entry,  within  the  time  limited  or  allowed  by  the 
Secretary  of  the  Treasury,  works  a  forfeiture  of  the  bond ; 
but  under  the  regulations  of  the  department,  if  the  transporta- 
tion be  retarded  by  accident  or  other  unavoidable  necessity, 
the  collector  at  the  port  of  destination,  on  due  protest  and 
proof  of  such  accident  or  necessity,  may  admit  the  goods,  or 
any  part  thereof,  to  entry  within  a  reasonable  time  after  the 
expiration  of  the  time  limited. 

§  265.  Penalty  for  failure  to  deliver.  —  The  penalty  for 
failure  to  transport  and  deliver  bonded  merchandise  within 
the  time  limited  in  the  transportation  bond  is  deemed  and 
taken  to  be  an  additional  duty  of  100  per  centum  ad  valorem. 
Thus,  if  the  value  of  the  merchandise  be  $400,  and  the  rate  of 
duty  24  per  cent.,  the  duty  to  be  secured  by  the  bond  will  be 
$96,  and  the  additional  duty  of  100  per  cent,  $400  ;  making 
the  sum  of  $496  to  be  collected  in  case  of  non-compliance 
with  the  condition  of  the  bond. 

§  266.  Collector  to  grant  certificate  for  cancellation  of 
transportation  bond.  —  When  merchandise  transported  under 
bond  has  been  duly  delivered  at  the  port  of  destination,  and 
the  required  examinations  made,  the  collector,  if  satisfied  of 
the  identity  of  the  goods,  will  immediately  furnish  to  the  party 
by  whom  the  entry  was  made  a  certificate  testifying  to  the 
delivery,  on  the  production  of  which  to  the  collector,  at  the 


REGULATIONS  UNDER  THE  WAREHOUSE  LAWS.      149 

port  of  withdrawal,  the  transportation  bond  will  be  can- 
celed. 

§  267.  Transportation  to  interior  ports.  —  To  facilitate  the 
transmission  of  merchandise  in  bond  from  a  port  of  entry  to 
any  interior  port  of  delivery,1  the  importer  of  any  goods, 
wares,  or  merchandise,  residing  at  such  interior  port  of  de- 
livery, may  produce  his  invoice  to  the  surveyor  of  the  interior 
port,  take  the  oath  or  oaths  required  by  law,  and  execute  the 
transportation  bond  before  the  surveyor  of  said  port,  who  shall 
certify  the  sufficiency  of  the  same,  and  transmit  the  bond  to 
the  collector  of  the  port  of  importation  ;  and  the  bond  so  taken 
shall  be  as  valid  and  binding  as  though  executed  in  the  office 
of  the  collector  where  the  entry  shall  be  made.  The  invoice, 
with  the  oath  attached,  may  be  transmitted  by  the  importer  to 
his  agent  or  attorney  at  the  port  where  the  goods  are  expected 
to  arrive,  who,  upon  their  arrival,  shall  present  the  trans- 
portation entry,  with  bill  or  bills  of  lading  therefor ;  where- 
upon the  same  proceedings  shall  be  had  as  in  other  entries  for 
transportation  under  bond  from  one  port  to  another  in  the 
United  States.      Gen.  Reg.  Art.  471. 

§  268.  Special  provision  in  respect  to  goods  transported  via 
New  Orleans.  —  In  all  cases  of  warehouse  and  transportation, 
or  transportation  entry  for  interior  ports  in  the  United  States 
via  New  Orleans,  a  fourth  copy  of  such  entry  must  be  for- 
warded to  the  collector  at  that  port,  who  shall,  on  arrival  of 
the  merchandise,  see  that  the  same  is  forwarded  with  as  little 
delay  as  possible  to  the  port  of  destination.  Should  an  oppor- 
tunity occur  for  immediate  transportation  to  such  port,  the 
goods  will  not  be  sent  to  store,  but  inspected  while  in  the 
course  of  transfer  from  one  mode  of  conveyance  to  another. 
Gen.  Reg.  Art.  470. 

§  269.  Exportation  in  bond.  — >  Merchandise  duly  entered 
for  warehousing,  after  the  examinations  required  by  law  have 
been  made,  and  the  duties  ascertained,  may  be  withdrawn, 
without  payment  of  duty,  at  any  time  within  three  years  from 
the  date  of  importation,  for  exportation  beyond  the  limits  of 
the  United  States.  But  in  case  any  additional  duty  has  been 
incurred  by  reason  of  undervaluation,  or  if  the  merchandise 
be  liable  to  the  discriminating  duty  imposed  by  the  act  of 
August  30,  1842,  such  duties  must  be  paid  before  withdrawal 
can  be  allowed. 

§  270.   Exporter  to  make  oath  and  give  bond.  —  Before  a 

1  For  the  names  of  these  ports,  see  note,  page  16. 


150      REGULATIONS   UNDER  THE  WAREHOUSE  LAWS. 

permit  can  be  granted  for  the  delivery  of  merchandise  for  ex- 
portation, the  exporter  is  required  to  declare,  under  oath,  that 
such  merchandise  is  truly  intended  to  be  exported  to  some 
place  without  the  limits  of  the  United  States,  and  is  not  in- 
tended to  be  relanded  within  the  United  States,1  and  that, 
according  to  the  best  of  his  knowledge  and  belief,  said  mer- 
chandise is  the  same  in  quantity,  quality,  value,  and  package, 
wastage  and  damage  excepted,  as  at  the  time  of  importation.2 
He  is  also  required  to  enter  into  bond  to  the  United  States,  in 
a  sum  equal  to  double  the  amount  of  the  estimated  duties  on 
the  merchandise,  for  the  exportation  and  landing  the  same 
beyond  the  limits  of  the  United  States,  and  the  production  of 
proofs  of  such  exportation  and  landing  in  the  forms  prescribed 
by  law. 

§  271.  Lading  for  exportation  to  be  under  superintendence 
of  inspector.  —  To  secure  the  remission  of  duties  on  mer- 
chandise withdrawn  from  warehouse  for  exportation,  such 
merchandise  must  be  laden  on  board  the  export  vessel  under 
the  superintendence  of  an  inspector  of  the  customs  detailed  for 
the  purpose,  who  is  required  to  examine  the  same,  and  make 
return  to  the  collector  that  he  finds  it  to  agree,  in  all  respects, 
with  the  description  given  in  the  entry,  and  also  to  certify  that 
the  lading  was  performed  under  his  supervision.3 

1  If  any  goods,  wares,  or  merchandise,  entered  for  exportation,  with  in- 
tent to  draw  back  the  duties,  or  obtain  any  allowance  given  by  law,  on  the 
exportation  thereof,  shall  be  landed  within  any  port  or  place  within  the 
limits  of  the  United  States  aforesaid,  all  such  goods,  wares,  or  merchandise 
shall  be  subject  to  seizure  and  forfeiture,  together  with  the  ship  or  vessel 
from  which  such  goods,  wares,  or  merchandise  shall  be  landed,  and  the 
vessels  or  boats  used  in  landing  the  same  ;  and  all  persons  concerned  therein 
shall,  on  indictment  and  conviction  thereof,  suffer  imprisonment  for  a  term 
not  exceeding  six  months  ;  and  for  discovery  of  frauds,  and  seizure  of  goods, 
wares,  or  merchandise,  relanded  contrary  to  law,  the  several  officers  estab- 
lished by  this  act  shall  have  the  same  powers,  and  in  ease  of  seizure  the 
same  proceedings  shall  be  had,  as  in  the  case  of  goods,  wares,  and  mer- 
chandise imported  contrary  to  law.     Act  March  2,  1799,  §  82. 

2  By  the  76th  section  of  the  act  of  March  2,  1799,  (the  provisions  of  which 
act,  so  far  as  applicable  under  the  warehouse  laws,  in  respect  to  the  ex- 
portation of  merchandise  for  benefit  of  drawback,  are  still  in  force,)  this 
oath  is  required  to  be  taken  by  the  exporter,  but  in  case  of  actual  sickness 
or  absence  of  the  exporter,  it  may  be  taken  by  his  known  agent,  factor,  or 
the  person  who  usually  transacts  his  business. 

3  If  any  goods,  wares,  or  merchandise,  of  which  entry  shall  have  been 
made  in  the  office  of  the  collector,  for  the  benefit  of  drawback  or  bounty 
upon  exportation,  shall  be  entered  by  a  false  denomination,  or  erroneously, 
as  to  the  time  when,  and  the  vessel  in  which,  they  were  imported,  or  shall 
be  found  to  disagree  with  the  packages,  quantities,  or  qualities  as  they  were 
at  the  time  of  original  importation,  except  such  disagreement  as  may  have 
been  occasioned  by  necessary  or  unavoidable  wastage  or  damage  only,  and 
except  also  in  case  where  permission  shall  have  been  obtained,  according  to 
law,  to  alter  or  change  the  quantities  or  packages  thereof,  all  such  goods, 


REGULATIONS  UNDER  THE  WAREHOUSE  LAWS.      151 

§  272.  Warehouse  and  export  entry.  —  When  merchandise 
is  imported  into  any  port  in  the  United  States,  and  the  intent 
is  shown  by  invoice,  manifest,  bill  of  lading,  or  other  evidence, 
that  the  same  is  intended  to  be  exported  immediately  by  sea 
beyond  the  limits  of  the  United  States,  the  warehouse  and 
export  entry  may  be  combined  in  one.  In  such  case,  no  bond 
other  than  the  export  bond  will  be  required,  and,  as  in  ware- 
house and  transportation,  the  merchandise  will  be  delivered 
directly  from  the  vessel  in  which  the  importation  was  made. 
This  form  of  entry,  however,  is  only  admissible  when  an  op- 
portunity exists  for  immediate  export. 

§  273.  Export  bonds,  how  canceled.  —  For  the  discharge  of 
export  bonds,  the  exporter  must  produce,  within  one  year  if 
the  shipment  be  to  any  port  of  Europe  or  America,  and  within 
two  years  if  to  any  port  of  Asia  or  Africa,  a  certificate  under 
the  hand  of  the  consignee  at  the  foreign  port,  describing  the 
articles  exported,  and  declaring  that  the  same  have  been  re- 
ceived by  him  from  on  board  the  vessel,  specifying  the  name 
and  nation  of  the  vessel  from  which  they  were  so  received ; 
which  certificate  shall  be  authenticated  by  the  consul  or  agent 
of  the  United  States  residing  at  said  port ;  or,  in  the  absence 
of  such  officer,  by  two  American  merchants  residing  at  such 
port ;  or,  if  there  be  no  American  merchants  resident  there, 
then  by  two  respectable  foreign  merchants  ;  which  certificate 
shall  be  confirmed  by  the  oaths  or  affirmations  of  the  master 
and  mate  or  other  principal  officers  of  the  vessel,  to  be  taken 
before  the  consul  or  commercial  agent  of  the  United  States, 
if  there  be  one ;  and  if  not,  before  some  other  person  author- 
ized by  the  laws  of  the  country  to  administer  the  same.  Gen. 
Beg.  Art.  478. 

§  274.  Export  bonds,  how  extended.  —  In  case  of  loss  by 
sea,  or  by  capture,  or  other  unavoidable  accident,  or  when 
from  the  nature  of  the  trade  the  proofs  required  are  not,  and 
cannot  be,  procured,  the  exporter  shall  be  allowed  to  adduce 
to  the  collector  of  the  port  of  exportation  such  other  proofs  as 
he  may  have,  and  as  the  nature  of  the  case  will  admit ;  which 
proofs  shall,  with  a  statement  of  all  the  circumstances  attend- 

wares,  or  merchandise,  or  the  value  thereof,  to  be  recovered  of  the  owner  or 

?>erson  making  such  entry,  shall  be  forfeited  :  Provided,  That  the  said  for- 
feiture shall  not  be  incurred  if  it  shall  be  made  to  appear  to  the  satisfaction 
of  the  collector  and  naval  officer  of  the  district,  if  there  be  a  naval  officer, 
and  if  there  be  no  naval  officer,  to  the  satisfaction  of  the  said  collector,  or  of 
the  court  in  which  a  prosecution  for  the  forfeiture  shall  be  had,  that  such 
false  denomination,  error,  or  disagreement  happened  by  mistake  or  acci- 
dent, and  not  from  any  intention  to  defraud  the  revenue.  Act  March  2, 
1799,  §  84. 


152      REGULATIONS   UNDER  THE  WAREHOUSE  LAWS. 

ing  the  transaction,  within  the  knowledge  of  such  collector,  be 
transmitted  to  the  commissioner  of  customs,  who  shall  have 
power  to  allow  a  further  reasonable  time  for  obtaining  the 
proofs  aforesaid ;  or,  if  he  be  satisfied  with  the  truth  and  va- 
lidity of  the  proofs  adduced,  to  direct  the  bond  of  such  exporter 
to  be  canceled.  But  in  cases  where  the  penalty  of  the  bond 
does  not  exceed  two  hundred  dollars,  the  collector,  with  the 
naval  officer  where  there  is  one,  and  alone  where  there  is  none, 
may  admit  such  proof  as  may  be  adduced,  and  if  they  deem 
the  same  satisfactory,  cancel  such  bond  accordingly.  Appli- 
cations for  the  extension  or  cancellation  of  bonds  of  this  class, 
whether  to  the  commissioner  of  customs  or  the  collector, 
should  be  made  in  writing,  and  contain  a  full  statement  of  the 
cause  or  causes  why  the  legal  proofs  are  not  produced. 

§  275.  Goods  may  be  examined  and  sampled  in  bond.  — All 
merchandise  in  public  or  private  bonded  warehouses,  duly  en- 
tered for  warehousing,  may  be  examined  at  any  time  during 
the  business  hours  of  the  port  by  the  importer,  consignee,  or 
agent,  who  shall  have  liberty  to  take  samples  of  his  goods  in 
quantities  according  to  the  usage  of  the  port,  make  all  need- 
ful repairs  of  packages,  and  to  repack  the  same,  provided  the 
original  contents  are  placed  in  the  new  package,  and  the 
original  marks  and  numbers  placed  thereon,  in  the  mode  pre- 
scribed in  the  seventy-fifth  section  of  the  act  of  March  2, 
1799,  and  thirty-second  section  of  the  act  of  March  1,  1823  ;x 
provided,  that  no  samples  shall  be  taken,  nor  shall  any  goods 
be  exhibited  or  examined,  unless  under  the  immediate  super- 
vision of  an  officer  of  the  customs,  and  by  order  of  the  im- 


l  The  provisions  of  the  sections  referred  to  are,  so  far  as  applicable  to 
bonded  goods,  as  follows :  — 

No  goods,  wares,  and  merchandise  imported  shall  be  entitled  to  a  draw- 
back of  the  duties  secured  thereon,  unless  they  shall  be  exported  in  the 
original  casks,  cases,  or  other  packages  in  which  they  were  imported,  with- 
out diminution  or  change  of  the  articles  which  icere  therein  contained  at  the 
time  of  importation,  in  quantity,  quality,  or  value,  necessary  or  unavoidable 
wastage  or  damage  only  excepted.     Act  March  2,  1799,  $  75. 

In  all  cases  where  the  owner,  importer,  consignee,  or  agent  of  any  goods, 
wares,  or  merchandise  entitled  to  debenture  may  wish  to  transfer  the  same 
into  packages  other  than  those  in  which  the  said  goods,  wares,  or  merchan- 
dise were  originally  imported,  the  collector  of  the  port  where  the  same  may 
be  shall  permit  the  said  transfer  to  be  made,  if  necessary  for  the  safety  or 
preservation  thereof:  Provided,  That  due  notice  of  the  same,  in  writing, 
setting  forth  sufficient  cause  for  the  said  transfer,  be  given  to  the  said  col- 
lector, who  shall  appoint  an  inspector  of  the  revenue  to  ascertain  if  the 
said  allegation  be  true,  and,  if  found  correct,  to  superintend  said  trans- 
fer, and  to  cause  the  marks  and  numbers  upon  the  original  packages  to  be 
inscribed  upon  the  packages  into  which  the  said  goods,  wares,  or  merchan- 
dise shall  be  transferred.    Act  March  1,  1823,  $  32. 


REGULATIONS  UNDER  THE  WAREHOUSE  LAWS.      153 

porter,  owner,  or  consignee,  at  his  expense ;  nor  shall  any 
package  be  repaired,  or  goods  repacked,  without  a  written 
order  from  the  collector  of  the  port.     Gen.  Reg.  Art.  646. 

§  276.  Packages  to  be  marked  before  being  received  in  ware- 
house. —  All  package  goods,  before  being  received  in  store, 
shall  have  the  shipping  marks  on  the  same,  and  be  numbered 

from  1  to by  the  owner,  unless  they  have  numbers  on  the 

same  as  well  as  the  shipping  marks  ;  and  the  collector  shall 
also,  at  the  expense  of  the  United  States,  cause  them  to  be 
identified  by  letters  or  marks  representing  the  year  and 
month  when  received.  All  other  goods  will  be  received  in 
warehouse  by  shipping  marks.     Ibid.  Art.  548. 

§  277.  Special  provisions  respecting  explosive  substances. — 
Gunpowder,  fire  crackers,  and  other  explosive  substances,  the 
deposit  of  which  in  any  public  or  private  bonded  warehouse 
is  prohibited  by  law,  may  be  entered,  on  arrival  from  a  foreign 
port,  for  immediate  exportation  in  bond  by  sea,  it  being  under- 
stood that  the  warehouse  and  export  entries  shall  be  made 
simultaneously,  and  the  articles  transferred  directly  from  the 
vessel  in  which  imported  to  the  vessel  in  which  the  exporta- 
tion is  to  be  made.  Fire  crackers,  securely  cased,  may  also 
be  entered  for  immediate  transportation  from  one  port  to  an- 
other, either  by  sea  or  inland,  for  the  purpose  of  being  im- 
mediately exported,  under  the  rule  before  provided,  from  such 
second  port,  but  in  no  case  to  be  actually  warehoused ;  and 
should  entry  for  exportation  not  be  made  on  arrival  at  second 
port,  the  collector  will  cause  the  same  to  be  sold,  as  in  case  of 
failure  to  enter  at  port  of  original  importation.  Ibid.  Art. 
549. 

§  278.  Warehouse  bonds  held  to  be  bonds  for  duties.  — 
Under  the  twenty-fifth  section  of  the  act  of  March  1,  1823,  a 
merchant  belonging  to  a  firm  entering  into  any  bond  for  duties 
in  the  name  of  the  firm,  thereby  binds  his  partner  or  partners 
in  trade.  But  partners  of  a  firm  signing  such  bond  as 
sureties,  must  sign  individually.  The  department  has  de- 
cided, that,  under  existing  laws,  warehouse  bonds  and  ware- 
house transportation  bonds  are  bonds  for  duties  within  the 
scope  and  meaning  of  the  twenty-fifth  section  of  the  act  of 
March  1,  1823.     Ibid.  Art.  551. 

§  279.  Matured  bonds  to  be  put  in  suit.  —  All  bonds  re- 
maining, unsettled  twenty  days  after  date  of  maturity  will  be 
handed  to  the  United  States  district  attorney  for  collection  ; 
from  whom  receipts  will  be  taken  in  triplicate  —  one  copy  to 
be  furnished  to  the  first  auditor  of  the  treasury,  one  copy  to 


154      REGULATIONS   UNDER  THE   WAREHOUSE  LAWS. 

the  solicitor  of  the  treasury,  and  the  third  copy  to  be  filed  in 
the  office  of  the  collector.     Ibid.  Art.  560. 

§  280.  Abatement  of  duties  on  goods  injured  or  destroyed 
while  in  bond  —  in  what  cases  authorized.  —  In  respect  to  the 
construction  of  the  eighth  section  of  the  warehouse  law  of 
March  28,  1854,  providing  for  relief  from  duties  in  case  of 
the  destruction,  in  whole  or  in  part,  of  bonded  goods  while  in 
warehouse  or  in  transit,  under  bond,  from  one  port  to  another, 
or  in  the  appraisers'  store  undergoing  appraisal,  it  is  deemed 
proper  to  state  that  the  law  proposes  relief  where  actual 
injury  is  incurred,  or  the  property  is  destroyed,  in  whole  or 
in  part,  by  accidental  Jire,  shipwreck,  or  other  like  casualty, 
but  does  not  provide  for  deterioration  from  dampness  or 
other  like  cause  in  the  warehouse  or  in  transit.1  Ibid.  Art. 
524. 

§  281.  Application  for  relief  how  made.  —  Application  for 
abatement  or  remission  of  duties,  under  the  provision  referred 
to,  must  be  made  in  writing,  under  oath  or  affirmation,  by  the 
claimant,  to  the  collector  of  the  port  where  the.  alleged  injury 
or  destruction  occurred,  setting  forth  that  the  same  happened 
while  the  goods  remained  in  the  custody  of  the  officers  of  the 
customs,  in  a  public  or  private  warehouse  under  bond,  or  in 
the  appraisers'  stores  undergoing  appraisal,  or  while  in  trans- 
portation under  bond,  describing  the  place  and  manner  of  the 
accident,  together  with  the  extent  of  the  injury,  loss,  or  de- 
struction, and  the  precise  time  when  sustained.    Ibid.  Art.  525. 

§  282.  Application  to  be  supported  by  proofs.  —  The  appli- 
cation must  be  accompanied  by  affidavits  of  at  least  two 
credible  and  disinterested  persons,  as  to  the  injury,  loss,  or 
destruction  alleged.  On  the  receipt  of  such  application  and 
affidavits,  the  collector  is  required  to  cause  to  be  annexed 
thereto  an  official  statement,  by  the  officer  or  officers  of  the 
customs  charged  with  the  custody  of  the  goods,  of  the  facts  in 
the  case,  and  to  transmit  the  whole  to  the  department,  to- 
gether with  his  own  views  as  to  the  character  of  the  proofs 
and  the  validity  of  the  claim.     Ibid.  Art.  526-528. 

§  283.  Proceedings  when  damage  or  destruction  occurs  in 
transit.  —  When  total  loss  or  damage  is  alleged  to  have  oc- 
curred in  the  course  of  transportation  from  one  port  to  an- 
other under  bond,  application  for  relief  must  be  made  in  the 
following  form.     In  cases  of  total  loss  of  the  vessel  or  vehicle 


l  It  is  also  held  by  the  department  that  no  abatement  of  duties  can  be 
made,  under  this  section,  for  loss  by  leakage. 


REGULATIONS  UNDER  THE  WAREHOUSE  LAWS.      155 

in  which  transported,  the  application  must  be  sustained  by  the 
protest  of  the  master  or  conductor  of  such  vessel  or  vehicle, 
the  affidavit  of  the  applicant,  setting  forth  that  the  goods  so 
alleged  to  be  lost  were  actually  on  board  such  vessel  or 
vehicle,  and  have  been  totally  lost,  and  no  reasonable  expec- 
tation exists  of  saving  any  part  thereof,  together  with  the  bill 
of  lading,  or  other  receipt  for  the  transportation  of  said  goods. 
In  cases  of  damage  when  the  goods  have  arrived  at  the  port 
of  destination,  the  application  of  the  party  must  be  sustained 
by  evidence  as  hereinbefore  prescribed  in  cases  of  loss  in 
warehouse,  and  must  be  lodged  Avith  the  collector  within  ten 
days  after  the  landing  of  the  merchandise,  and  while  the  goods 
are  in  the  possession  of  the  officers  of  the  customs  ;  and  due 
appraisement  will  be  made  of  the  goods  so  alleged  to  be 
damaged,  as  in  the  case  of  damage  occurring  on  voyages  of 
direct  importation  from  foreign  ports.  But  no  abatement  of 
duties,  satisfaction,  or  cancellation  of  any  warehouse  or  trans- 
portation bond,  can  in  any  case  be  made,  without  the  previous 
sanction  of  the  department.     Ibid.  Art.  529,  530. 

§  284.  Goods  remaining  in  warehouse  more  than  three  years 
to  be  sold.  —  All  merchandise  entered  for  warehousing  which 
shall  not  have  been  withdrawn  on  or  before  the  expiration 
of  three  years  from  the  date  of  importation  is  required  to  be 
sold,  on  thirty  days'  notice,  at  public  auction. 

§  285.  Goods  on  which  duties  have  been  paid  to  be  removed 
from  warehouse.  —  On  payment  of  the  legal  duties  and  charges, 
the  merchandise  should  at  once  be  withdrawn  from  warehouse, 
this  department  being  of  the  opinion  that  officers  of  the  cus- 
toms have  no  legal  authority,  under  existing  laws,  to  assume, 
even  with  the  consent  of  the  owners,  the  custody  of  merchan- 
dise on  which  the  claims  of  the  United  States,  of  whatever 
description,  have  been  fully  discharged.  Treas.  Req.  February 
9,  1852.  •    *  y 

§  286.  Silk  cloths  may  be  printed  in  bond.  —  Plain  silk 
cloths,  duly  entered  in  bond,  may  be  removed  from  warehouse 
to  be  colored,  printed,  stained,  dyed,  painted,  or  stamped,  the 
collector  taking  a  deposit  in  money  equal  to  the  amount  of 
duties  ascertained  to  be  payable,  which  deposit  shall  be 
refunded  if  the  goods  aforesaid  shall  be  returned  to  the  ware- 
house repacked  in  the  original  condition,  and  according  to 
original  marks  and  numbers,  within  sixty  days  from  date  of 
delivery  thereof.  Each  package,  before  the  same  is  deliv- 
ered from  warehouse,  shall  be  opened  and  examined  by  the 
proper  officer  of  the  customs,  and  the  contents  thereof  meas- 


156  DUTIES  ON  IMPORTS. 

ured  or  weighed,  and  the .  quality  thereof  ascertained,  and  a 
sample  of  each  piece  thereof  be  reserved  at  the  custom  house ; 
and  a  particular  account  or  registry  of  such  examination  shall 
be  entered  on  the  books  of  the  custom  house.  On  the  return 
of  said  goods,  if  the  collector  shall  be  satisfied  that  the  con- 
tents of  each  package  are  the  identical  goods  imported  and 
registered  as  aforesaid,  and  not  changed  or  altered,  except  by 
being  colored,  dyed,  stamped,  stained,  painted,  or  printed,  as 
aforesaid,  he  shall  thereupon  refund  the  deposit  as  aforesaid, 
and  said  goods  shall  be  entitled  to  the  same  privileges  as  if  in 
original  condition,  as  per  fourth  section  act  May  22,  1824. 
Gen.  Reg.  Art.  479. 


DUTIES    ON    IMPORTS. 

§  287.  From  and  after  the  first  day  of  December  next,  in 
lieu  of  the  duties,  heretofore  imposed  by  law  on  the  articles 
hereinafter  mentioned,  and  on  such  as  may  now  be  exempt 
from  duty,  there  shall  be  levied,  collected,  and  paid  on  the 
goods,  wares,  and  merchandise  herein  enumerated  and  pro- 
vided for,  imported  from  foreign  countries,  the  following  rates 
of  duty  —  that  is  to  say :  — 

On  goods,  wares,  and  merchandise  mentioned  in  schedule 

A,  a  duty  of  one  hundred  per  centum  ad  valorem. 

On  goods,  wares,  and  merchandise  mentioned  in  schedule 

B,  a  duty  of  forty  per  centum  ad  valorem. 

On  goods,  wares,  and  merchandise  mentioned  in  schedule 

C,  a  duty  of  thirty  per  centum  ad  valorem. 

On  goods,  wares,  and  merchandise  mentioned  in  schedule 

D,  a  duty  of  twenty-Jive  per  centum  ad  valorem. 

On  goods,  wares,  and  merchandise  mentioned  in  schedule 

E,  a  duty  of  twenty  per  centum  ad  valorem. 

On  goods,  wares,  and  merchandise  mentioned  in  schedule 

F,  a  duty  of  fifteen  per  centum  ad  valorem. 

On  goods,  wares,  and  merchandise  mentioned  in  schedule 

G,  a  duty  of  ten  per  centum  ad  valorem. 

On  goods,  wares,  and  merchandise  mentioned  in  schedule 
H,  a  duty  of  five  per  centum  ad  valorem.  Act  July  30, 
1846,  §  1. 

§  288.  From  and  after  the  first  day  of  December  next,  the 
goods,  wares,  and  merchandise  mentioned  in  schedule  I  shall 
be  exempt  from  duty.    Ibid.  §  2. 


DUTIES  ON  IMPORTS.  157 

§  289.  From  and  after  the  first  day  of  December  next, 
there  shall  be  levied,  collected,  and  paid  on  all  goods,  wares, 
and  merchandise  imported  from  foreign  countries,  and  not 
specially  provided  for  in  this  act,  a  duty  of  twenty  per  centum 
ad  valorem.     Md.  §  3. 

Schedule  A.  —  One  hundred  per  centum  ad  valorem. 
Brandy  and  other  spirits  distilled  from  grain,  or  other  materials ; 
cordials,  absynthe,  arrack,  curacoa,  kirschenwasser,  liqueurs,  mara- 
schino, ratafia,  and  all  other  spirituous  beverages  of  a  similar  character. 

Schedule  B.  —  Forty  per  centum  ad  valorem. 
Alabaster  and  spar  ornaments ;  almonds ;  anchovies,  sardines,  and 
all  other  fish  preserved  in  oil ;  camphor,  refined ;  cassia ;  cloves ; 
composition  tops  for  tables  or  other  articles  of  furniture ;  comfits, 
sweetmeats,  or  fruit  preserved  in  sugar,  brandy,  or  molasses ;  currants ; 
dates ;  figs  ;  ginger  root,  dried  or  green ;  glass,  cut ;  mace ;  manu- 
factures of  cedar  wood,  granadilla,  ebony,  mahogany,  rosewood,  and 
satin  wood  ;  nutmegs  ;  pimento  ;  prepared  vegetables,  meats,  poultry, 
and  game,  sealed  or  enclosed  in  cans  or  otherwise  ;  prunes  ;  raisins  ; 
scagliola  tops  for  tables  or  other  articles  of  furniture ;  cigars,  snuff, 
paper  cigars,  and  all  other  manufactures  of  tobacco  ;  wines  —  Bur- 
gundy, Champagne,  claret,  Madeira,  Port,  sherry,  and  all  other  wines 
and  imitations  of  wines. 

Schedule  C.  —  Tliirty  per  centum  ad  valorem. 
Ale,  beer,  and  porter,  in  casks  or  bottles  ;  Argentine,  Alabatta,  or 
German  silver,  manufactured  or  unmanufactured ;  articles  embroid- 
ered with  gold,  silver,  or  other  metal ;  articles  worn  by  men,  women, 
or  children,  of  whatever  material  composed,  made  up,  or  made  wholly 
or  in  part,  by  hand ;  asses'  skins  ;  balsams,  cosmetics,  essences,  ex- 
tracts, pastes,  perfumes,  and  tinctures,  used  either  for  the  toilet  or  for 
medicinal  purposes ;  baskets,  and  all  other  articles  composed  of  grass, 
osier,  palm  leaf,  straw,  whalebone,  or  willow,  not  otherwise  provided 
for  ;  bay  rum  ;  beads,  of  amber,  composition,  or  wax,  and  all  other 
beads  ;  benzoates  ;  bologna  sausages  ;  bracelets,  braids,  chains,  curls, 
or  ringlets,  composed  of  hair,  or  of  which  hair  is  a  component  part ; 
braces,  suspenders,  webbing,  or  other  fabrics,  composed  wholly  or  in 
part  of  India  rubber,  not  otherwise  provided  for  ;  brooms  and  brushes 
of  all  kinds  ;  cameos,  real  and  imitation,  and  mosaics,  real  and  imita- 
tion, when  set  in  gold,  silver,  or  other  metal ;  canes  and  sticks  for 
walking,  finished  or  unfinished ;  capers,  pickles,  and  sauces  of  all 
kinds,  not  otherwise  provided  for  ;  caps,  hats,  muffs,  and  tippets  of 
fur,  and  all  other  manufactures  of  fur,  or  of  which  fur  shall  be  a 
component  material ;  caps,  gloves,  leggins,  mits,  socks,  stockings, 
wove  shirts  and  drawers,  and  all  similar  articles  made  on  frames,  worn 
by  men,  women,  or  children,  and  not  otherwise  provided  for  ;  card 
cases,  pocket  books,  shell  boxes,  souvenirs,  and  all  similar  articles,  of 
whatever  material  composed ;  carpets,  carpeting,  hearth  rugs,  bedsides, 
and  other  portions  of  carpeting,  being  either  Aubusson,  Brussels, 
ingrain,  Saxony,  Turkey,  Venetian,  Wilton,  or  any  other  similar 
fabric  ;  carriages  and  parts  of  carriages  ;  Cayenne  pepper  ;  cheese  ; 
14 


158  DUTIES   ON   IMPORTS. 

cinnamon ;  clocks  and  parts  of  clocks ;  clothing,  ready  made,  and 
wearing  apparel  of  every  description,  of  whatever  material  composed, 
made  up  or  manufactured  wholly  or  in  part  by  the  tailor,  seamstress, 
or  manufacturer  ;  coach  and  harness  furniture  of  all  kinds  ;  coal ; 
coke  and  culm  of  coal ;  combs  of  all  kinds  ;  compositions  of  glass  or 
paste,  when  set ;  confectionery  of  all  kinds,  not  otherwise  provided 
for  ;  coral,  cut  or  manufactured ;  corks  ;  cotton  cords,  gimps,  and 
galloons  ;  court-plaster  ;  crayons  of  all  kinds  ;  cutlery  of  all  kinds  ; 
diamonds,  gems,  pearls,  rubies,  and  other  precious  stones,  and  imita- 
tions of  precious  stones,  when  set  in  gold,  silver,  or  other  metal ; 
dolls,  and  toys  of  all  kinds ;  earthen,  china,  and  stone  ware,  and  all 
other  wares,  composed  of  earthy  or  mineral  substances,  not  otherwise 
provided  for  ;  epaulets,  galloons,  laces,  knots,  stars,  tassels,  tresses, 
and  wings  of  gold,  silver,  or  other  metal ;  fans  and  lire  screens  of 
every  description,  of  whatever  material  composed ;  feathers  and  flow- 
ers, artificial  or  ornamental,  and  parts  thereof,  of  whatever  material 
composed ;  fire  crackers ;  flats,  braids,  plaits,  sparterre  and  willow 
squares,  used  for  making  hats  or  bonnets  ;  frames  and  sticks  for 
umbrellas,  parasols,  and  sunshades,  finished  or  unfinished  ;  furniture, 
cabinet  and  household ;  ginger,  ground ;  glass,  colored,  stained,  or 
painted  ;  glass  crystals  for  watches  ;  glasses  or  pebbles  for  spectacles  ; 
glass  tumblers,  plain,  molded,  or  pressed,  not  cut  or  printed ;  paintings 
on  glass  ;  porcelain  glass  ;  grapes  ;  gum  benzoin  or  benjamin ;  hair 
pencils  ;  hat  bodies  of  cotton  ;  hats  and  bonnets,  for  men,  women, 
and  children,  composed  of  straw,  satin  straw,  chip,  grass,  palm  leaf, 
willow,  or  any  other  vegetable  substance,  or  of  hair,  whalebone,  or 
other  material  not  otherwise  provided  for  ;  hemp,  unmanufactured  ; 
honey ;  human  hair,  cleansed  or  prepared  for  use ;  ink  and  ink  powder ; 
iron,  in  bars,  blooms,  bolts,  loops,  pigs,  rods,  slabs,  or  other  form, 
not  otherwise  provided  for  ;  castings  of  iron ;  old  or  scrap  iron ; 
vessels  of  cast  iron ;  japanned  ware  of  all  kinds,  not  otherwise  pro- 
vided for  ;  jewelry,  real  or  imitation ;  jet  and  manufactures  of  jet,  and 
imitations  thereof ;  lead  pencils  ;  macaroni,  vermicelli,  gelatine,  jellies, 
and  all  similar  preparations  ;  manufactures  of  the  bark  of  the  cork 
tree,  except  corks ;  manufactures  of  bone,  shell,  horn,  pearl,  ivory, 
or  vegetable  ivory;  manufactures,  articles,  vessels,  and  wares,  not 
otherwise  provided  for,  of  brass,  copper,  gold,  iron,  lead,  pewter, 
platina,  silver,  tin,  or  other  metal,  or  of  which  either  of  those  metals 
or  any  other  metal  shall  be  the  component  material  of  chief  value  ; 
manufactures  of  -cotton,  linen,  silk,  wool,  or  worsted,  if  embroidered 
or  tamboured  in  the  loom  or  otherwise,  by  machinery,  or  with  the 
needle,  or  other  process  ;  manufactures,  articles,  vessels,  and  wares  of 
glass,  or  of  which  glass  shall  be  a  component  material,  not  otherwise 
provided  for  ;  manufactures  and  articles  of  leather,  or  of  which  leather 
shall  be  a  component  part,  not  otherwise  provided  for  ;  manufactures 
and  articles  of  marble,  marble  paving  tiles,  and  all  other  marble  more 
advanced  in  manufacture  than  in  slabs  or  blocks  in  the  rough  ;  manu- 
factures of  paper,  or  of  which  paper  is  a  component  material,  not 
otherwise  provided  for  ;  manufactures,  articles,  and  wares  of  papier 
mache  ;  manufactures  of  wood,  or  of  which  wood  is  a  component 
part,  not  otherwise  provided  for  ;  manufactures  of  wool,  or  of  which 
wool  shall  be  a  component  material  of  chief  value,  not  otherwise 
provided  for  ;  medicinal  preparations,  not  otherwise  provided  for  ; 
metallic  pens ;  mineral  waters ;  molasses ;  muskets,  rifles,  and  other 


DUTIES   ON  IMPORTS.  159 

firearms  ;  nuts,  not  otherwise  provided  for ;  ochers  and  ochery  earths, 
used  in  the  composition  of  painters'  colors,  whether  dry  or  ground  in 
oil ;  oilcloth  of  every  description,  of  whatever  material  composed  ; 
oils,  volatile,  essential,  or  expressed,  and  not  otherwise  provided  for  ; 
olive  oil  in  casks,  other  than  salad  oil ;  olive  salad  oil,  and  all  other 
olive  oil  not  otherwise  provided  for  ;  olives  ;  paper  —  antiquarian, 
demy,  drawing,  elephant,  foolscaps,  imperial,  letter,  and  all  other 
paper  not  otherwise  provided  for  ;  paper  boxes,  and  all  other  fancy 
boxes ;  paper  envelopes  ;  parasols  and  sunshades ;  parchment ;  pepper  ; 
plated  and  gilt  ware  of  all  kinds  ;  playing  cards  ;  plums  ;  potatoes  ; 
red  chalk  pencils  ;  saddlery  of  all  kinds,  not  otherwise  provided  for  ; 
salmon,  preserved ;  sealing  wax ;  sewing  silks,  in  the  gum  or  purified ; 
shoes  composed  wholly  of  India  rubber  ;  side  arms  of  every  descrip- 
tion ;  silk  twist,  and  twist  composed  of  silk  and  mohair  ;  silver-plated 
metal,  in  sheets  or  other  form  ;  soap  —  Castile,  perfumed,  Windsor, 
and  all  other  kinds  ;  sugar  of  all  kinds  ;  sirup  of  sugar  ;  tobacco, 
unmanufactured  ;  twines  and  pack  thread,  of  whatever  material  com- 
posed ;  umbrellas  ;  vellum  ;  vinegar ;  wafers  ;  water  colors  ;  wood, 
unmanufactured,  not  otherwise  provided  for,  and  firewood ;  wool, 
unmanufactured. 

Schedule  D.  —  Tioenty-five  per  centum  ad  valorem. 
Borax  or  tincal ;  Burgundy  pitch ;  buttons  and  button  molds  of 
all  kinds  ;  baizes,  bockings,  flannels,  and  floor  cloths,  of  whatever 
material  composed,  not  otherwise  provided  for  ;  cable  and  cordage, 
tarred  or  untarred  ;  calomel,  and  all  other  mercurial  preparations  ; 
camphor,  crude ;  cotton  laces,  cotton  insertings,  cotton  trimming  laces, 
cotton  laces  and  braids;  floss  silks,  feather  beds,  feathers  for  beds, 
and  downs  of  all  kinds  ;  grass  cloth  ;  hair  cloth,  hair  seating,  and  all 
other  manufactures  of  hair  not  otherwise  provided  for  ;  jute,  Sisal 
grass,  coir,  and  other  vegetable  substances,  unmanufactured,  not 
otherwise  provided  for  ;  manufactures  composed  wholly  of  cotton, 
not  otherwise  provided  for ;  manufactures  of  goats'  hair  or  mohair,  or 
of  which  goats'  hair  or  mohair  shall  be  a  component  material,  not 
otherwise  provided  for ;  manufactures  of  silk,  or  of  which  silk  shall  be 
a  component  material,  not  otherwise  provided  for ;  manufactures  of 
worsted,  or  of  which  worsted  shall  be  a  component  material,  not 
otherwise  provided  for  ;  matting,  China  and  other  floor  matting,  and 
mats  made  of  flags,  jute,  or  grass  ;  roofing  slates,  and  slates  other 
than  roofing  slates  ;  woolen  and  worsted  yarn. 
I 
Schedule  E.  —  Twenty  per  centum  ad  valorem. 

Acids  —  acetic,  acetous,  benzoic,  boracic,  chromic,  citric,  muriatic, 
white  and  yellow,  nitric,  pyroligneous  and  tartaric,  and  all  other  acids, 
of  every  description,  used  for  chemical  or  medicinal  purposes,  or  for 
manufacturing,  or  in  the  fine  arts,  not  otherwise  provided  for  ;  aloes  ; 
alum  ;  amber  ;  ambergris  ;  Angora,  Thibet,  and  other  goats'  hair  or 
mohair,  unmanufactured ;  anise-seed ;  animal  carbon  ;  antimony,  crude 
and  regulus  of ;  arrowroot ;  articles,  not  in  a  crude  state,  used  in 
dyeing  or  tanning,  not  otherwise  provided  for  ;  assafetida  ;  bacon  ; 
bananas  ;  barley ;  beef ;  beeswax  ;  berries,  vegetables,  flowers,  and 
barks,  not  otherwise  provided  for  ;  bismuth ;  bitter  apples  ;  blankets 
of  all  kinds  ;  blank  books,  bound  or  unbound  ;  blue  or  roman  vitriol, 
or  sulphate  of  copper ;  boards    planks,  staves,  laths,  scantling,  spars, 


160  DUTIES  ON  IMPORTS. 

hewn  and  sawed  timber,  and  timber  to  be  used  in  building  wharves  ; 
boucho  leaves  ;  breccia  ;  bronze  liquor  ;  bronze  powder  ;  butter  ; 
cadmium  ;  calamine  ;  cantharides ;  caps,  gloves,  leggins,  mits,  socks, 
stockings,  wove  shirts  and  drawers,  made  on  frames,  composed  wholly 
of  cotton,  worn  by  men,  women,  and  children  ;  cassia  buds  ;  castor 
oil ;  castorum  ;  cedar  wood,  ebony,  granadilla,  mahogany,  rosewood, 
and  satin  wood,  unmanufactured ;  chocolate ;  chromate  of  lead ; 
chromate,  bichromate,  hydriodate,  and  prussiate  of  potash ;  cobalt ; 
cocoa  nuts  ;  coculus  indicus ;  copperas,  or  green  vitriol,  or  sulphate  of 
iron  ;  copper  rods,  bolts,  nails,  and  spikes  ;  copper  bottoms  ;  copper 
in  sheets  or  plates,  called  brazier's  copper,  and  other  sheets  of  copper 
not  otherwise  provided  for  ;  cream  of  tartar  ;  cubebs  ;  dried  pulp  ; 
emery ;  ether  ;  extract  of  indigo  ;  extracts  and  decoctions  of  logwood 
and  other  dye  woods  not  otherwise  provided  for  ;  extract  of  madder  ; 
felspar  ;  fig  blue  ;  fish,  foreign,  whether  fresh,  smoked,  salted,  dried, 
or  pickled,  not  otherwise  provided  for  ;  fish  glue  or  isinglass  ;  fish 
skins  ;  flaxseed  ;  flour  of  sulphur  ;  Frankfort  black  ;  French  chalk  ; 
fruit,  green  or  ripe,  not  otherwise  provided  for ;  fulminates,  or  ful- 
minating powders  ;  furs,  dressed  on  the  skin  ;  gamboge  ;  glue  ;  green 
turtle  ;  gunny  cloth ;  gunpowder  ;  hair,  curled,  moss,  seaweed,  and 
all  other  vegetable  substances  used  for  beds  or  mattresses  ;  hams  ; 
hats  of  wool ;  hat  bodies,  made  of  wool,  or  of  which  wool  shall  be  a 
component  material  of  chief  value  ;  hatters'  plush,  composed  of  silk 
and  cotton,  but  of  which  cotton  is  the  component  material  of  chief 
value  ;  hempseed  or  linseed,  and  rapeseed  oil,  and  all  other  oils  used 
in  painting  ;  Indian  corn  and  corn  meal ;  ipecacuanha  ;  iridium  ;  iris 
or  orris  root ;  iron  liquor  ;  ivory  or  bone  black  ;  jalap  ;  juniper  ber- 
ries ;  lac  spirits  ;  lac  sulphur  ;  lampblack  ;  lard ;  leather,  tanned,  bend, 
or  sole  ;  leather,  upper,  of  all  kinds  ;  lead,  in  pigs,  bars,  or  sheets ; 
leaden  pipes ;  leaden  shot ;  leeches ;  linens  of  all  kinds ;  licorice 
paste,  juice,  or  root ;  litharge  ;  malt ;  manganese  ;  manna  ;  manufac- 
tures of  flax  not  otherwise  provided  for  ;  manufactures  of  hemp  not 
otherwise  provided  for  ;  marble,  in  the  rough,  slab,  or  block,  unman- 
ufactured ;  marine  coral,  unmanufactured ;  medicinal  drugs,  roots, 
and  leaves,  in  a  crude  state,  not  otherwise  provided  for ;  metals, 
Dutch  and  bronze,  in  leaf;  metals,  unmanufactured,  not  otherwise 
provided  for;  mineral  and  bituminous  substances,  in  a  crude  state, 
not  otherwise  provided  for  ;  musical  instruments  of  all  kinds,  and 
strings  for  musical  instruments,  of  whipgut  or  catgut,  and  all  other 
strings  of  the  same  material ;  needles,  of  all  kinds,  for  sewing,  darn- 
ing, or  knitting  ;  nitrate  of  lead  ;  oats  and  o*tmeal ;  oils  —  neatsfoot 
and  other  animal  oil,  spermaceti,  whale,  and  other  fish  oil,  the  produce 
of  foreign  fisheries  ;  opium  ;  oranges,  lemons,  and  limes  ;  orange  and 
lemon  peel ;  osier  or  willow,  prepared  for  basket  maker's  use  ;  patent 
mordant ;  paints,  dry  or  ground  in  oil,  not  otherwise  provided  for  ; 
paper  hangings,  and  paper  for  screens  or  fireboards  ;  paving  stones ; 
paving  and  roofing  tiles  and  bricks  ;  pearl  or  hulled  barley  ;  period- 
icals, and  other  works,  in  the  course  of  printing  and  republication  in 
the  United  States  ;  pineapples ;  pitch ;  plantains  ;  plaster  of  Paris, 
when  ground  ;  plumbago  ;  pork  ;  potassium  ;  Prussian  blue  ;  pump- 
kins ;  putty ;  quicksilver  ;  quills ;  red  chalk  ;  rhubarb  ;  rice,  or  paddy ; 
roll  brimstone  ;  Roman  cement ;  rye,  and  rye  flour  ;  saddlery,  common, 
tinned,  or  japanned  ;  saffron,  and  saffron  cake  ;  sago  ;  sal  soda,  and 
all  carbonates  of  soda,  by  whatever  names  designated,  not  otherwise 


DUTIES   ON   IMPORTS.  161 

provided  for ;  salts  —  epsom,  glauber,  rochelle,  and  all  other  salts,  and 
preparations  of  salts,  not  otherwise  provided  for  ;  sarsaparilla ;  seppia ; 
shaddocks  ;  sheathing  paper  ;  skins,  tanned  and  dressed,  of  all  kinds ; 
skins  of  all  kinds  not  otherwise  provided  for  ;  slate  pencils  ;  smalts  ; 
spermaceti  candles  and  tapers  ;  spirits  of  turpentine  ;  sponges  ;  spunk ; 
squills ;  starch ;  stearine  candles  and  tapers ;  steel  not  otherwise 
provided  for  ;  stereotype  plates  ;  still  bottoms  ;  sulphate  of  barytes, 
crude  or  refined  ;  sulphate  of  quinine  ;  tallow  candles  ;  tapioca  ;  tar  ; 
thread  laces  and  insertings  ;  type  metal ;  types,  new  or  old  ;  vanilla 
beans  ;  verdigris ;  velvet,  in  the  piece,  composed  wholly  of  cotton ; 
velvet,  in  the  piece,  composed  of  cotton  and  silk,  but  of  which  cotton 
is  the  component  material  of  chief  value  ;  vermilion  ;  wax  candles 
and  tapers  ;  whalebone,  the  produce  of  foreign  fisheries ;  wheat,  and 
wheat  flour  ;  white  and  red  lead ;  whiting,  or  Paris  white ;  white 
vitriol,  or  sulphate  of  zinc ;  window  glass,  broad,  crown,  or  cylinder ; 
woolen  listings  ;  yams. 

Schedule  F.  —  Fifteen  per  centum  ad  valorem. 
Arsenic  ;  bark,  Peruvian  ;  bark,  Quilla  ;  Brazil  paste  ;  brimstone, 
crude,  in  bulk  ;  codilla,  or  tow  of  hemp  or  flax  ;  cork-tree  bark, 
unmanufactured  ;  diamonds,  glaziers',  set  or  not  set ;  dragon's  blood  ; 
flax,  unmanufactured ;  gold  and  silver  leaf ;  mineral  kermes  ;  silk, 
raw,  not  more  advanced  in  manufacture  than  singles,  tram  and  thrown, 
or  organzine  ;  steel  in  bars,  cast,  shear,  or  German  ;  terne  tin  plates  ; 
tin  foil ;  tin  in  plates  or  sheets  ;  tin  plates,  galvanized,  not  otherwise 
provided  for  ;  zinc,  spelter,  or  teutenegue,  in  sheets. 

Schedule  G.  —  Ten  per  centum  ad  valorem. 
Ammonia  ;  annatto,  Roucou  or  Orleans  ;  barilla  ;  bleaching  pow- 
ders, or  chloride  of  lime ;  books  printed,  magazines,  pamphlets,  peri- 
odicals, and  illustrated  newspapers,  bound  or  unbound,  not  otherwise 
provided  for  ;  building  stones  ;  burr  stones,  wrought  or  unwrought ; 
cameos  and  mosaics,  and  imitations  thereof,  not  set ;  chronometers, 
box  or  ships',  and  parts  thereof;  cochineal;  cocoa;  cocoa  shells; 
compositions  of  glass  or  paste,  not  set ;  cudbear  ;  diamonds,  gems, 
pearls,  rubies,  and  other  precious  stones,  and  imitations  thereof,  when 
not  set ;  engravings  or  plates,  bound  or  unbound  ;  hempseed,  linseed, 
and  rapeseed  ;  fullers'  earth ;  furs,  hatters',  dressed  or  undressed,  not 
on  the  skin  ;  furs,  undressed,  when  on  the  skin  ;  goldbeaters'  skins  ; 
gum  Arabic  and  gum  Senegal ;  gum  tragacanth ;  gum,  Barbary ;  gum, 
East  India ;  gum,  Jedda  ;  gum,  substitute,  or  burnt  starch ;  hair  of 
all  kinds,  uncleaned  and  unmanufactured ;  India  rubber,  in  bottles, 
slabs,  or  sheets,  unmanufactured ;  indigo ;  kelp ;  lemon  and  lime 
juice  ;  lime  ;  maps  and  charts  ;  music  and  music  paper,  with  lines, 
bound  or  unbound  ;  natron  ;  nux  vomica  ;  oils,  palm  and  cocoanut ; 
orpiment ;  palm  leaf,  unmanufactured ;  polishing  stones ;  pumice,  and 
pumice  stones  ;  ratans  and  reeds,  unmanufactured  ;  rotten  stone  ;  sal 
ammonia  ;  saltpetre,  or  nitrate  of  soda  or  potash,  refined  or  partially 
refined  ;  soda  ash  ;  sulphuric  acid,  or  oil  of  viti'iol ;  tallow,  marrow, 
and  all  other  grease  and  soap  stocks  and  soap  stuffs  not  otherwise  pro- 
vided for  ;  terra  japonica,  or  catechu ;  watches,  and  parts  of  watches ; 
watch  materials  of  all  kinds,  not  otherwise  provided  for ;  woad  or 
pastel. 


162  DUTIES   ON  IMPORTS. 

Schedule  H.  —  Five  per  centum  ad  valorem. 
Alcronoque  ;  argol,  or  crude  tartar  ;  bells,  when  old,  or  bell  metal, 
fit  only  to  be  remanufactured ;  berries,  nuts,  and  vegetables,  used 
exclusively  in  dyeing  or  in  composing  dyes,  but  no  article  shall  be 
classed  as  such  that  has  undergone  any  manufacture  ;  brass  in  pigs  or 
bars ;  brass,  when  old,  and  fit  only  to  be  remanufactured ;  Brazil 
wood,  and  all  other  dye  wood,  in  sticks ;  bristles ;  chalk  not  other- 
wise provided  for  ;  clay,  unwrought ;  copper  in  pigs  or  bars  ;  copper, 
when  old,  and  fit  only  to  be  remanufactured ;  flints ;  grindstones, 
wrought  or  unwrought ;  horns,  horn  tips,  bones,  bone  tips,  and  teeth, 
unmanufactured ;  ivory,  unmanufactured ;  ivory  nuts,  or  vegetable 
ivory ;  kermes ;  lac  dye  ;  lastings,  suitable  for  shoes,  boots,  bootees, 
or  buttons  exclusively ;  madder,  ground ;  madder  root ;  manufactures 
of  mohair  cloth,  silk  twist,  or  other  manufacture  of  cloth  suitable  for 
the  manufacture  of  shoes,  boots,  bootees,  or  buttons  exclusively ; 
nickel ;  nutgalls  ;  pearl,  mother  of ;  pewter,  when  old,  and  fit  only 
to  be  remanufactured ;  rags,  of  whatever  material ;  raw  hides  and 
skins  of  all  kinds,  whether  dried,  salted,  or  pickled,  not  otherwise 
provided  for  ;  safflower  ;  saltpetre,  or  nitrate  of  soda  or  potash,  when 
crude ;  seedlac  ;  shellac ;  sumac  ;  tin  in  pigs,  bars,  or  blocks ;  tor- 
toise and  other  shells,  unmanufactured ;  turmeric  ;  waste,  or  shoddy ; 
weld ;  zinc,  spelter,  or  teutenegue,  unmanufactured,  not  otherwise 
provided  for. 

§  290.  On  and  after  July  1,  1857,  ad  valorem  duties  shall 
be  imposed  in  lieu  of  those  now  imposed  upon  goods,  wares, 
and  merchandise  imported  from  abroad  into  the  United  States, 
as  follows,  viz. :  — 

Upon  the  articles  enumerated  in  schedules  A  and  B  of  the 
tariff  act  of  1846,  a  duty  of  thirty  per  centum,  and  upon  those 
enumerated  in  schedules  C,  D,  E,  F,  G,  and  H,  of  said  act, 
the  duties  of  twenty-four  per  centum,  nineteen  per  centum, 
fifteen  per  centum,  twelve  per  centum,  eight  per  centum,  and 
four  per  centum,  respectively,  with  such  exceptions  as  are 
hereinafter  made  ;  and  all  articles  so  imported  as  aforesaid,  and 
not  enumerated  in  the  said  schedules,  nor  in  schedule  I,  shall 
pay  a  duty  of  fifteen  per  centum.     Act  March  3,  1857,  §  1. 

§  291.  All  manufactures  composed  wholly  of  cotton  which 
are  bleached,  printed,  painted,  or  dyed,  and  de  laines,  shall  be 
transferred  to  schedule  G.  Japanned  leather  or  skins  of  all 
kinds  shall  be  transferred  to  schedule  D.  Ginger,  green,  ripe, 
dried,  preserved,  or  pickled ;  ochers  and  ochery  earths  ;  me- 
dicinal roots,  leaves,  gums,  and  resins,  in  a  crude  state,  not 
otherwise  provided  for ;  wares,  chemical,  earthen,  or  pottery, 
of  a  capacity  exceeding  ten  gallons,  shall  be  transferred  to 
schedule  E.  Borate  of  lime  and  codilla,  or  tow  of  hemp  or 
flax,  shall  be  transferred  to  schedule  F.  Antimony,  crude  or 
regulus  of;  barks  of  all  kinds  not  otherwise  provided  for ; 


DUTIES  ON  IMPORTS.  163 

camphor,  crude ;  cantharides ;  carbonate  of  soda :  emery,  in 
lump  or  pulverized ;  fruits,  green,  ripe,  or  dried ;  gums, 
Arabic,  Barbary,  copal,  East  India,  Jeddo,  Senegal,  substitute, 
tragacanth,  and  all  other  gums  and  resins,  in  a  crude  state  ; 
machinery  exclusively  designed  and  expressly  imported  for 
the  manufacture  of  flax  and  linen  goods  ;  sponges  ;  tin  in 
plates  or  sheets,  galvanized  or  ungalvanized  ;  woods  —  namely, 
cedar,  lignumvitse,  ebony,  box,  granadilla,  mahogany,  rose- 
wood, satinwood,  and  all  cabinet  woods,  shall  be  transferred  to 
schedule  G.  Acids,  acetic,  benzoic,  boracic,  citric,  muriatic, 
white  and  yellow,  oxalic,  pyroligewous  and  tartaric,  and  all 
other  acids  of  every  description  used  for  chemical  or  manufac- 
turing purposes  not  otherwise  provided  for ;  aloes ;  amber ; 
ambergris  ;  anise-seed ;  annatto,  Roucou  or  Orleans  ;  arsenic  ; 
articles,  not  in  a  crude  state,  used  in  dyeing  or  tanning,  not 
otherwise  provided  for ;  assafetida ;  asphaltum ;  barilla ; 
bleaching  powder,  or  chloride  of  lime  ;  borax,  crude  ;  boucho 
leaves ;  brimstone,  crude,  in  bulk  ;  cameos,  mosaics,  diamonds, 
gems,  pearls,  rubies,  and  other  precious  stones,  (not  set ;) 
chalk  ;  clay  ;  cochineal ;  cocoa,  cocoa  nuts,  and  cocoa  shells  ; 
cork  tree  bark  ;  cream  of  tartar ;  extract  of  indigo,  extracts 
and  decoctions  of  logwood  and  other  dyewoods  not  otherwise 
provided  for ;  extract  of  madder  ;  flint,  ground  ;  grindstones  ; 
gotta  percha,  unmanufactured  ;  India  rubber,  in  bottles,  slabs, 
or  sheets,  unmanufactured;  India  rubber,  milk:  of;  indigo; 
lac  spirits ;  lac  sulphur ;  lastings  cut  in  strips  or  patterns  of 
the  size  and  shape  for  shoes,  slippers,  boots,  bootees,  gaiters, 
or  buttons  exclusively,  not  combined  with  India  rubber  ;  man- 
ufactures of  mohair  cloth,  silk  twist,  or  other  manufactures  of 
cloth,  suitable  for  the  manufacture  of  shoes,  cut  in  slips  or 
patterns  of  the  size  and  shape  for  shoes,  slippers,  boots, 
bootees,  gaiters,  or  buttons  exclusively,  not  combined  with 
India  rubber ;  music  printed  with  lines,  bound  or  unbound ; 
oils,  palm,  teal,  and  cocoa  nut ;  Prussian  blue  ;  soda  ash ; 
spices  of  all  kinds  ;  watch  materials  and  unfinished  parts  of 
watches  ;  and  woad,  or  pastel,  —  shall  be  transferred  to  sche- 
dule H.     Ibid.  §  2. 

§  292.  On  and  after  July  1,  1857,  the  goods,  wares,  and 
merchandise  mentioned  in  schedule  I,  made  part  hereof,  shall 
be  exempt  from  duty,  and  entitled  to  free  entry. 

Schedule  I. 
All  books,  maps,  charts,  mathematical,  nauticfe  [nautical]   instru- 
ments, philosophical  apparatus,  and  all  other  articles  whatever  im- 


104  DUTIES   ON   IMPORTS. 

ported  for  the  use  of  the  United  States  ;  all  philosophical  apparatus, 
instruments,  books,  maps,  and  charts,  statues,  statuary,  busts  and  casts 
of  marble,  bronze,  alabaster  or  plaster  of  Paris,  paintings  and  draw- 
ings, etchings,  specimens  of  sculpture,  cabinets  of  coins,  medals, 
gems,  and  all  collections  of  antiquities,  provided  the  same  be  specially 
imported  in  good  faith  for  the  use  of  any  society  incorporated  or 
established  for  philosophical  or  literary  purposes,  or  for  the  encourage- 
ment of  the  fine  arts,  or  for  the  use  or  by  the  order  of  any  college, 
academy,  school,  or  seminary  of  learning  in  the  United  States  ;  animal 
carbon,  (bone  black  ;)  animals  living  of  all  kinds  ;  argol  or  crude 
tartar  ;  articles  in  a  crude  state,  used  in  dyeing  or  tanning,  not  other- 
wise provided  for  ;  bark,  Peruvian  ;  bells,  old,  and  bell  metal ;  berries, 
nuts,  flowers,  plants,  and  vegetables  used  exclusively  in  dyeing  or  in 
composing  dyes,  but  no  article  shall  be  classed  as  such  that  has  under- 
gone any  manufacture  ;  bismuth ;  bitter  apples ;  bolting  cloths  ;  bones, 
burnt,  and  bone  dust ;  books,  maps,  and  charts  imported  by  authority 
of  the  joint  library  committee  of  Congress,  for  the  use  of  the  library 
of  Congress,  provided  that  if,  in  any  case,  a  contract  shall  have  been 
made  with  any  bookseller,  importer,  or  other  person,  for  books,  maps, 
or  charts,  in  which  contract  the  bookseller,  importer,  or  other  person 
aforesaid  shall  have  paid  the  duty,  or  included  the  duty  in  said  con- 
tract, in  such  ca  -e  the  duty  shall  not  be  remitted  ;  brass,  in  bars  and 
pigs,  or  when  old  and  tit  only  to  be  remanufactured ;  Brazil  Avood, 
braziletto,  and  all  other  dye  woods  in  stuffs,  [sticks  ;]  bullion,  gold 
pud  silver ;  burr  stones,  wrought  or  un wrought,  but  unmanufactured ; 
cabinets  of  corns,  medals,  and  all  other  collections  of  antiquities  ; 
ecifee  and  tea,  when  imported  direct  from  the  place  of  their  growth  or 
production  in  American  vessels,  or  in  foreign  vessels  entitled  by  recip- 
rocal treaties  to  be  exempt  from  discriminating  duties,  tunnage,  and 
other  charges ;  coffee  the  growth  or  production  of  the  possessions  of 
the  Netherlands,  imported  from  the  Netherlands  in  the  same  manner  ; 
coins  —  gold,  silver,  and  copper  ;  copper  ore  ;  copper,  when  imported 
for  the  United  States  mint ;  copper,  in  pigs  or  bars,  or  when  old  and 
fit  only  to  be  remanufactured  ;  cotton  ;  cutch  ;  dragon's  blood  ;  felt, 
adhesive,  for  sheathing  vessels  ;  flax,  unmanufactured ;  garden  seeds 
and  all  other  seeds  for  agricultural,  horticultural,  medicinal,  and  man- 
ufacturing purposes  not  otherwise  provided  for  ;  glass,  when  old  and 
fit  only  to  be  remanufactured ;  goods,  wares,  and  merchandise  the 
growth,  produce,  or  manufacture  of  the  United  States,  exported  to  a 
foreign  country,  and  brought  back  to  the  United  States  in  the  same 
condition  as  when  exported,  upon  which  no  drawback  or  bounty  has 
been  allowed,  provided  that  all  regulations  to  ascertain  the  identity 
thereof  prescribed  by  existing  laws,  or  which  may  be  prescribed-  by 
the  Secretary  of  the  Treasury,  shall  be  complied  with ;  guano  ;  house- 
hold effects,  old  and  in  use,  of  persons  or  families  from  foreign  coun- 
tries, if  used  abroad  by  them,  and  not  intended  for  any  other  person 
or  persons  or  for  sale  ;  ice  ;  ivory,  unmanufactured ;  junk,  old ;  lin- 
seed, but  not  embracing  flaxseed ;  madder  root ;  madder,  ground  or 
prepared ;  maps  and  charts ;  models  of  inventions  and  other  improve- 
ments in  the  arts,  provided  that  no  other  article  or  articles  shall  be 
deemed  a  model  or  improvement  which  can  be  fitted  for  use  ;  oakum  ; 
oil,  spermaceti,  whale,  and  other  fish  of  American  fisheries,  and  all 
other  articles  the  produce  of  such  fisheries  ;  paintings  and  statuary ; 
palm  leaf,  unmanufactured  ;  personal  and  household  effects  (not  mer- 


DUTIES  ON  IMPORTS.  165 

chandise)  of  citizens  of  the  United  States  dying  abroad ;  plaster  of 
Paris,  or  sulphate  of  lime,  unground ;  platina,  unmanufactured  ;  rags, 
of  whatever  material  except  wool ;  ratans  and  reeds,  unmanufactured ; 
sheathing  copper,  but  no  copper  to  be  considered  such,  and  admitted 
free,  except  in  sheets  of  forty-eight  niches  long  and  fourteen  inches 
wide,  and  weighing  from  fourteen  to  thirty-four  ounces  the  square 
foot ;  sheathing  metal,  not  wholly  or  in  part  of  iron,  ungalvanizcd  ; 
shingle  bolts  and  stave  bolts  ;  silk,  raw,  or  as  reeled  from  the  cocoon, 
not  being  doubled,  twisted,  or  advanced  in  manufacture  in  any  way ; 
specimens  of  natural  history,  mineralogy,  or  botany ;  substances  ex- 
pressly used  for  manures  ;  tin  in  pigs,  bars,  or  blocks  ;  trees,  shrubs, 
bulbs,  plants,  and  roots  not  otherwise  provided  for  ;  wearing  apparel 
in  actual  use,  and  other  personal  effects,  (not  merchandise  ;)  profes- 
sional books,  implements,  instruments,  and  tools  of  trade,  occupation, 
or  employment  of  persons  arriving  in  the  United  States,  provided  that 
this  exemption  shall  not  be  construed  to  include  machinery,  or  other 
articles  imported  for  use  in  any  manufacturing  establishment  or  for 
sale  ;  sheep's  wool,  unmanufactured,  of  the  value  of  twenty  cents  per 
pound  or  less  at  the  port  of  exportation,  and  hair  of  the  alpaca,  the 
goat,  and  other  like  animals,  unmanufactured,  provided  that  any  wool 
of  the  sheep,  or  hair  of  the  alpaca,  the  goat,  and  other  like  animals, 
which  shall  be  imported  in  any  other  than  the  ordinary  condition,  as 
now  and  heretofore  practised,  or  which  shall  be  changed  in  its  charac- 
ter for  the  purpose  of  evading  the  duty,  or  which  shall  be  reduced  in 
value  by  the  intentional  admixture  of  dirt  or  any  foreign  substance  to 
twenty  cents  per  pound  or  less,  shall  be  subject  to  pay  a  duty  of 
twenty-four  per  centum  ad  valorem,  any  thing  in  this  act  to  the  con- 
trary notwithstanding.     Ibid.  §  3. 

§  293.  All  goods,  wares,  and  merchandise  which  shall  be 
in  the  public  stores  *  on  the  first  day  of  July  aforesaid,  shall 
be  subject,  on  entry  thereof  for  consumption,  to  no  other  duty 
than  if  the  same  had  been  imported,  respectively,  after  that 
day.     Ibid.  §  4. 

§  294.  Collector  to  decide  on  entry  whether  goods  are  liable 
to  duty  or  exempt  therefrom.  —  On  the  entry  of  any  goods, 
wares,  and  merchandise  imported  on  and  after  the  first  day  of 
July  aforesaid,  the  decision  of  the  collector  of  the  customs  at 
the  port  of  importation  and  entry,  as  to  their  liability  to  duty 
or  exemption  therefrom,  shall  be  final  and  conclusive  against 
the  owner,  importer,  consignee,  or  agent  of  any  such  goods, 
wares,  and  merchandise,  unless  the  owner,  importer,  con- 
signee, or  agent  shall,  within  ten  days  after  such  entry,  give 
notice  to  the  collector,  in  writing,  of  his  dissatisfaction  with 
such  decision,  setting  forth  therein  distinctly  and  specifically 

1  This  provision  was  construed  by  the  department  to  embrace  goods  in 
warehouse  under  bond,  and  goods  in  course  of  transportation  under  bond, 
as  well  as  goods  remaining  in  public  store  unentered,  when  the  act  took 
effect ;  and  such  goods  are  accordingly  allowed  to  be  withdrawn  for  con- 
sumption at  the  rates  of  duty  imposed  by  this  act,  irrespective  of  the  date 
of  original  importation. 


166  DUTIES   ON   IMPORTS. 

his  ground  of  objection  thereto,  and  shall,  within  thirty  days 
after  the  date  of  such  decision,  appeal  therefrom  to  the  Secre- 
tary of  the  Treasury,  whose  decision  on  such  appeal  shall  be 
final  and  conclusive  ;  and  the  said  goods,  wares,  and  mer- 
chandise shall  be  liable  to  duty  or  exempted  therefrom  accord- 
ingly, any  act  of  Congress  to  the  contrary  notwithstanding, 
unless  suit  shall  be  brought  within  thirty  days  after  such 
decision  for  any  duties  that  may  have  been  paid,  or  may  there- 
after be  paid,  on  said  goods,  or  within  thirty  days  after  the 
duties  shall  have  been  paid  in  cases  where  such  goods  shall 
be  in  bond.     Ibid.  §  5. 

§  295  Classification  of  non-enumerated  articles.  —  There 
shall  be  levied,  collected,  and  paid  on  each  and  every  non- 
enumerated  article  which  bears  a  similitude,  either  in  material, 
quality,  texture,  or  the  use  to  which  it  may  be  applied,  to  any 
enumerated  article  chargeable  with  duty,  the  same  rate  of 
duty  which  is  levied  and  charged  on  the  enumerated  article 
which  it  most  resembles  in  any  of  the  particulars  before  men- 
tioned ;  and  if  any  non-enumerated  article  equally  resembles 
two  or  more  enumerated  articles,  on  which  different  rates  of 
duty  are  chargeable,  there  shall  be  levied,  collected,  and  paid, 
on  such  non-enumerated  article,  the "  same  rate  of  duty  as  is 
chargeable  on  the  article  which  it  resembles,  paying  the  high- 
est duty;  and  on  all  articles  manufactured  from  two  or  more 
materials,  the  duty  shall  be  assessed  at  the  highest  rates  at 
which  any  of  its  component  parts  may  be  chargeable.1  Act 
August  30,  1842,  §20. 

§  296.  Merchandise  recovered  from  wrecks  exempted  from 
duty  in  certain  cases.  —  Whenever  any  ship  or  vessel  laden 
with  merchandise,  in  whole  or  in  part,  subject  to  duty,  shall 
be,  or  shall  have  been,  sunk  in  any  river,  harbor,  Day,  or 
waters,  subject  to  the  jurisdiction  of  the  United  States,  and 
within  its  limits,  and  shall  have  remained  so  sunk  for  the 
period  of  two  years,  and  shall  be  abandoned  by  the  owners 
thereof,  any  person  or  persons  who  may  raise  such  ship  or 
vessel  shall  be  permitted  to  bring  any  merchandise  recovered 
therefrom  into  the  port  nearest  to  the  place  where  said  ship  or 
vessel  was  so  raised,  free  from  the  payment  of  any  duty  there- 
upon, and  without  being  obliged  to  enter  the  same  at  the  cus- 
tom house,  under  such  rules  and  regulations  as  the  Secretary  ■ 
of  the  Treasury  may  prescribe.     Act  March  3,  1843,  §  1. 

1  This  section  of  the  act  of  1842  has  been  determined  by  the  Supreme 
Court  of  the  United  States  to  be  still  in  force.     It  applies,  however,  only 
i  where  an  article  has  not  been  specially  provided  for  in  the  act  of 
IMo  or  1857. 


TABLE  OP  DUTIES.  167 


TABLE   OF   DUTIES 

PAYABLE  ON  MERCHANDISE  UNDER  THE  TARIFF  ACT 
OF  MARCH  3,   1857. 

Sched.    Per  cent. 

Absynthe, A  . .  30 

Accordeons, E  . .   15 

Acetate  of  lead, E  . .  15 

Acetic  acid, H  . .     4 

Acetosella,  sal, E  . .   15 

Acetous  acid, E  . .   15 

Acids,  acetic,  benzoic,  boracic,  citric,  muriatic,  white 
and  yellow,  oxalic,  pyroligneous,  and  tartaric,  and 
all  other  acids,  of  every  description,  used  for  chem- 
ical or  for  manufacturing  purposes,  not  otherwise 

provided  for, H  . .     4 

Acids,  acetous,  chromic,  nitric,  and  all  other  acids  of 
every  description,  used  for  medicinal  purposes  or 

in  the  fine  arts,  not  otherwise  provided  for, E  . .   15 

Acid,  sulphuric, H  . .     4 

Adamantine  spar, G  . .     8 

Adhesive  felt,  for  sheathing  vessels, I  . .  Free. 

Agates, G  . .     8 

Agate  mortars, C  . .  24 

Alabaster  statuary,  &c,  for  use  of  colleges,  &c,  ....  I  . .  Free. 

Alabaster  and  spar  ornaments, B  . .  30 

Alabata,  (see  Argentine,) C  . .  24 

Alcornoque, H  . .     4 

Ale,  beer,  and  porter,  in  casks  or  bottles, C  . .  24 

Alkanet, I  . .  Free. 

Almonds, B  . .  30 

Almonds,  oil  of, C  . .  24 

Almond  paste, C  . .  24 

Aloes, H  . .     4 

Alum, E  . .   15 

Amber,- H  ..     4 

Amber  beads, C  . .  24 

Ambergris, H  . .     4 

Ammonia, G  . .     8 

Ammonia,  sal, G  . .     8 

Ammoniac  gum, E  . .   15 

Ammonia,  sulphate  of, E  . .  15 

Anatomical  preparations, E  . .  15 

Anatto,  roucou,  or  Orleans, H  . .     4 

Anchovies,  sardines,  and  all  other  fish  preserved  in  oil,  B  . .  30 


168  TABLE  OF   DUTIES 

Sched.    Por  cent. 
Angora,  Thibet,  and  other  goats'  hair  or  mohair,  un- 
manufactured, not  otherwise  provided  for, E  ..15 

Angora,  Thibet,  and  other  goats'  hair  or  mohair,  of 
the  value  of  20  cents  per  pound  or  less  at  the  place 

of  exportation, I  . .  Free. 

Animal  carbon,  (see  Bone  black,) I  . .  Free. 

Animal  oils, E  ..   15 

Animals,  living,  of  all  kinds, I  . .  Free. 

Animi  gum, G  . .     8 

Anise-seed, H  . .     4 

Antimony,  crude,  or  regulus  of, G  . .     8 

Antiquarian  paper, C  . .  24 

Antiquities,  collections  of, I  . .  Free. 

Apparatus  for  use  of  United  States, I  . .  Free. 

Apparatus  for  use  of  colleges,  &c, I  . .  Free.. 

Apparel,  (see  Clothing,  ready  made,) C  . .  24 

Apples,  bitter, I  . .  Free. 

Arabic,  gum, G  . .     8 

Argentine,  alabata,  or  German  silver,  manufactured 

or  unmanufactured, C  . .  24 

Argol,  or  crude  tartar, I  . .  Free. 

Arms,  fire, C  . .  24 

Arms,  side, C  . .  24 

Arrack, '. A  . .  30 

Arrowroot, E  . .   15 

Arsenic, H  . .     4 

Articles  embroidered  with  gold,  silver,  or  other  metal,  C  . .  24 
Articles  worn  by  men,  women,  or  children,  of  what- 
ever material  composed,  made  up,  or  made  wholly 

or  in  part  by  hand, C  . .  24 

Articles  of  metal, C  . .  24 

Articles  of  leather, C  . .  24 

Articles  of  marble, C  . .  24 

Articles  of  glass, C  . .  24 

Articles  of  papier  mache, C  . .  24 

Articles,  all,  imported  for  the  use  of  the  United  States,  I  . .  Free. 
Articles  not  in  a  crude  state,  used  in  dyeing  or  tan- 
ning, not  otherwise  provided  for, H  . .     4 

Articles  in  a  crude  state,  used  in  dyeing  or  tanning, 

not  otherwise  provided  for, I  . .  Free. 

Artificial  flowers  or  feathers, C  . .  24 

Ash,  soda, H  . .     4 

Ashes,  pot  and  pearl, E  . .   15 

Asphaltum, H  . .     4 

Assafetida, H  . .     4 

Asses' skins, C  ..24 

Aubuson  carpeting, C  . .  24 

Bacon, E  . .   15 

gunny, E  ..  15 


UNDER  TARIFF  ACT  OF  MARCH  3,  1857.  169 

Sched.    Per  cent. 

Baizes,  bookings,  flannels,  and  floorcloths,  of  whatever 

material  composed,  not  otherwise  provided  for,  ...  D  . .  19 

Bale  rope, E  . .  15 

Balsams,  cosmetics,  essences,  extracts,  pastes,  per- 
fumes, and  tinctures,  used  either  for  the  toilet  or 

for  medicinal  purposes,  C  . .   24 

Balsam  of  Copaiba, C  . .  24 

Balsam  of  Gilead, C  . .  24 

Balsam  of  Peru, C  . .  24 

Balsam  of  Biga, C  . .  24 

Balsam  of  Tolu, C  . .  24 

Bananas, .a.  G  . .     8 

Barbary  gum, ; G  . .     8 

Barilla, H  ..     4 

Bark  of  the  cork  tree,  manufactures  of,  (see  Manu- 
factures,)   C  .  i  24 

Bark  of  the  cork  tree,  unmanufactured,  (see  Cork-tree 

bark,) < H  . .     4 

Barks  of  all  kinds  not  otherwise  provided  for, G  . .     8 

Bark,  Peruvian, I  . .  Free. 

Bark,  quilla,... ;.... F  . .   12 

Barley, E  . .  15 

Barley,  pearl  or  hulled, E  . .  15 

Bars,  iron, C  . .  24 

Bars,  steel  in, F  ..   12 

Bars,  brass, I  . .  Free. 

Bars,  copper, . .  I  . .  Free. 

Bars,  tin  in, I  . .  Free. 

Barwood  in  sticks, . I  . .  Free. 

Barytes,  sulphate  of, E  . .   15 

Baskets,  and  all  other  articles  composed  of  grass, 
osier,  palm  leaf,  straw,  whalebone,  or  willow,  not 

otherwise  provided  for, C  . .  24 

Bay  rum, C  . .  24 

Beads,  of  amber,  composition,  or  wax,  and  all  other 

beads, C  . .  24 

Beans, E  . .   15 

Beans,  vanilla, E  . .   15 

Bedsides*  (see  Carpets,) C  . .  24 

Beds,  feather, . . . D  . .   19 

Beef,  . . . E  . .  15 

Beer,  in  casks  or  bottles, C  . .  24 

Beeswax, E  ..15 

Bells, c  ..  24 

Bells,  old,  and  bell  metal, I  . .  Free. 

Bend  leather, E  . .   15 

Benzoates, C  ..24 

Benzoin,  or  benjamin  gum, G  . .     8 

Benzoic  acid, H  . .     4 

15 


170  TABLE   OF  DUTIES 

Sched.    Per  cent. 

Bergamot,  oil  or  essence  of, C  . .  24 

Berries,  vegetables,  and  flowers,  not  otherwise  pro- 
vided for, E  . .  15 

Berries,  juniper, E  . .  15 

Berries,  nuts,  flowers,  plants,  and  vegetables,  used 
exclusively  in  dyeing,  or  in  composing  dyes,  but  no 
article  shall  be  classed  as  such  that  has  undergone 

any  manufacture, I  . .  Free. 

Berries,  yellow, I  . .  Free. 

Bichromate  of  potash, E  . .   15 

Birds,  living, I  . .  Free. 

Bismuth, I  . .  Free. 

Bitter  apples, .• I  . .  Free. 

Bituminous  substances  in  a  crude  state, E  . .  15 

Black,  Frankfort, E  . .   15 

Black,  ivory, E  . .   15 

Black  lead, E  . .   15 

Black  lead  pencils, C  . .  24 

Blank  books,  bound  or  unbound, E  . .   15 

Blankets  of  all  kinds, E  . .   15 

Blankets,  machine,  wool, C  . .  24 

Bleaching  powder,  or  chloride  of  lime, H  . .     4 

Blocks,  tin, I  . .  Free. 

Blooms,  (see  Iron  in  bars,) C  . .  24 

Blue  or  Roman  vitriol,  or  sulphate  of  copper, E  . .  15 

Blue,  fig, E  . .   15 

Blue,  Prussian, H  . .     4 

Boards,  planks,  staves,  laths,  scantling,  spars,  hewn 
and  sawed  timber,  and  timber  to  be  used  in  build- 
ing wharves, E  . .  15 

Bookings, D  . .  19 

Bodies,  hat,  of  wool,  (see  Hat  bodies,) E  ..   15 

Bole  Armenic, E  . .  15 

Bologna  sausages, C  . .  24 

Bolts,  iron,  (see  Iron  in  bars,) C  . .  24 

Bolts,  shingle  and  stave, I  . .  Free. 

Bolts,  copper, E  . .   15 

Bolting  cloths, I  . .  Free. 

Bone,  manufactures  of, C  . .  24 

Bone  ash, I  . .  Free. 

Bone  black,  , I  . .  Free. 

Bone  dust, I  . .  Free. 

Bones  and  bone  tips,  unmanufactured, H  . .     4 

Bones,  burnt, I  . .  Free. 

Bonnets,  flats,  braids,  &c,  used  for  making, C  . .  24 

Bonnets  composed  of  certain  materials,  (see  Hats  and 

bonnets,) . C  . .  24 

Books,  maps,  and  charts  imported  by  authority  of  the 
joint  library  committee  of  Congress  for  the  use  of 


UNDER  TARIFF  ACT  OF  MARCH  3,  1857.  171 

Sched.  Per  cent, 
the  library  of  Congress,  provided,  that,  if  in  any 
case  a  contract  shall  have  been  made  with  any 
bookseller,  importer,  or  other  person,  for  books, 
maps,  or  charts,  in  which  contract  the  bookseller, 
importer,  or  other  person  aforesaid  shall  have  paid 
the  duty  or  included  the  duty  in  said  contract,  in 

such  case  the  duty  shall  not  be  remitted, . . . . .  I  . .  Free. 

Books,  maps,  charts,  mathematical  and  nautical  in- 
struments, philosophical  apparatus,  and  all  other 
articles  whatever,  imported  for  the  use  of  the  United 

States, •.•;•••. l  •  •  Free- 

Books  as  personal  effects  of  persons  arriving  in  the 

United  States,  (see  Wearing  apparel,) I  . .  Free. 

Books  specially  imported  for  colleges,  &c, I  . .  Free. 

Books,  metallic  memorandum, C  . .  24 

Books,  pocket, C  . .  24 

Botany,  specimens  of, I  •  •  Free. 

Books,  blank, E  . .   15 

Books,  printed,  magazines,  pamphlets,  periodicals,  and 
illustrated  newspapers,  bound  or  unbound,  not  oth- 
erwise provided  for, G  . .     8 

Books  in  course  of  printing  and  republication, E  . .   15 

Boracic  acid, H  . .     4 

Borate  of  lime, F  . .  12 

Borax,  crude,  or  tincal, H  . .     4 

Borax,  refined, D  •  •  19 

Bottles,  glass C  . .  24 

Bottles,  glass,  cut, B  . .  30 

Bottles,  India  rubber, H  . .     4 

Bottoms,  copper, E  . .   15 

Bottoms,  still, E  . .   15 

Boucho  leaves, H  . .     4 

Boxes,  paper, C  . .  24 

Boxes,  fancy, C  . .  24 

Boxwood,  unmanufactured, G  . .     8 

Boxwood,  manufactures  of, C  . .  24 

Bracelets,  braids,  chains,  curls,  or  ringlets,  composed 

of  hair,  or  of  which  hair  is  a  component  part, C  . .  24 

Braces,  suspenders,  webbing,  or  other  fabrics,  com- 
posed wholly  or  in  part  of  India  rubber,  not  other- 
wise provided  for, C  . .  24 

Braids  of  hair, C  . .  24 

Braids  for  making  hats  or  bonnets, C  . .  24 

Braids,  cotton, D  ..  19 

Braids,  cotton,  bleached  or  dyed,  &c, C  . .  24 

Braids,  silk, D  . .  19 

Brandy,  and  other  spirits  distilled  from  grain  or  other 

materials, A  . .  30 

Brass,  manufactures  of, C  . .  24 


172  TABLE  OP  DUTIES 

Sched.    Per  cent. 

Brass,  in  bars  or  pigs, , I  . .  Free. 

Brass,  old,  and  fit  only  to  be  remanufactured, I  . .  Free. 

Braziers'  copper, E  . .   15 

Brazil  nuts, C  . .  24 

Brazil  paste, F  . .  12 

Brazil  wood,  Brazilletto,  and  all  dye  woods  in  sticks,  I  . .  Free. 

Breadstuff's, E  . .   15 

Breccia, E  . .   15 

Bricks, E  . .  15 

Brimstone,  roll, E  . .   15 

Brimstone,  crude,  in  bulk, H  . .     4 

Bristles, H  . .     4 

Britannia  ware,  *.  C  . .  24 

Broad  window,  glass, E  . .   15 

Bromine, E  . .   15 

Bronze  liquor, E  ..15 

Bronze  powder, E  . .   15 

Bronze,  casts  of,  (see  Philosophical  apparatus,  &c.,).  I  . .  Free. 

Bronze,  manufactures  of, C  . .  24 

Bronze  statuary, I  . .  Free. 

Bronze  metal,  in  leaf, E  . .  15 

Brooms  and  brushes  of  all  kinds, C  . .  24 

Brown,  Spanish, E  . .  15 

Brushes, C  . .  24 

Brussels  carpeting, C  . .  24 

Buds,  cassia, H  . .     4 

Building  stones, G  . .     8 

Bulbs, I  . .  Free. 

Bullion,  gold  and  silver, I  . .  Free. 

Burgundy,  (see  Wines,) B  . .  30 

Burgundy  pitch, D  . .  19 

Burnt  starch,  (see  Gum  substitute,) G  . .     8 

Burr  stones,  wrought  or  unwrought,  but  unmanufac- 
tured,    I  . .  Free. 

Busts,  (see  Philosophical  apparatus,  &c.,) I  . .  Free. 

Busts,  as  statuary, I  . .  Free. 

Butter, E  . .   15 

Buttons  and  button  moulds  of  all  kinds, D  . .   19 

Button  stuffs, ^ ^ H  . .     4 

Cabinet  and  household  furniture, C  . .  24 

Cabinets  of  coins,  medals,  gems,  and  all  collections 

of  antiquities, I  . .  Free. 

Cables  and  cordage,  tarred  or  untarred, D  . .  19 

Cables,  chain, C  . .  24 

Cadmium, E  ..  15 

Cake,  saffron, E  . .  15 

Calamine, E  . .  15 

Calomel,  and  all  other  mercurial  preparations, D  . .  19 

Cameos,  coral, C  . .  24 


UNDER  TARIFF  ACT  OF  MARCH   3,   1857.  173 

Sched.    Per  cent. 
Cameos,  real  and  imitation,  and  mosaics,  real  and 

imitation,  when  set  in  gold,  silver,  or  other  metal,.  C  ..24 

Cameos  and  mosaics  not  set, H  . .     4 

Cameos  and  mosaics,  imitations  thereof,  not  set,  ....  G  . .     8 

Camlets,  of  mohair  or  goats'  hair, D  . .   19 

Camphor,  refined, B  . .  30 

Camphor,  crude, G  . .     8 

Camwood  in  sticks, •  •  Free. 

Canary  seed, E  . .   15 

Candles,  spermaceti, E  . .   15 

Candles,  stearine, E  . .   15 

Candles,  tallow, E  . .   15 

Candles,  wax, E  . .   15 

Canes  and  sticks  for  walking,  finished  or  unfinished, .  C  . .  24 

Cantharides, G  . .     8 

Canvas,  linen,  hemp,  or  tow, E  . .   15 

Canvas,  cotton, D  . .   19 

Canvas,  cotton,  bleached,  &c, C  . .  24 

Canvas,  floor  cloths, D  . .   19 

Capers,  pickles,  and  sauces  of  all  kinds,  not  otherwise 

provided  for, C  . .  24 

Caps,  hats,  muffs,  and  tippets  of  fur,  and  all  other 
manufactures  of  fur,  or  of  which  fur  shall  be  a  com- 
ponent material, C  . .  24 

Caps,  gloves,  leggins,  mits,  socks,  stockings,  wove 
shirts  and  drawers,  and  all  similar  articles  made 
on  frames,  worn  by  men,  women,  or  children,  and 

not  otherwise  provided  for, t  C  . .  24 

Caps,  gloves,  leggins,  mits,  socks,  stockings,  wove 
shirts  and  drawers,  made  on  frames,  composed 
wholly  of  cotton,  worn  by  men,  women,  and  chil- 
dren,   E  . .  15 

Caps,  gloves,  leggins,  mits,  socles,  stockings,  wove  shirts 
and  drawers,  composed  wholly  of  cotton,  bleached, 

printed,  or  dyed, C  . .  24 

Caraway  seed, E  . .  15 

Carbonate  of  soda, G  . .     8 

Carbon,  animal, I  . .  Free. 

Cardamom  seed, I  . .  Free. 

Card  cases,  pocket  books,  shell  boxes,  souvenirs,  and 

all  similar  articles,  of  whatever  material  composed,  C  . .  24 

Cards,  playing,  (see  Playing  cards,)  C  . .  24 

Carmine, , E  . .  15 

Carmine,  a  water  color, C  . .  24 

Carpets,  carpeting,  hearth  rugs,  bedsides,  and  other 
portions  of  carpeting,  being  either  Aubusson,  Brus- 
sels, ingrain,  Saxony,  Turkey,  Venetian,  Wilton,  or 

any  other  similar  fabric, C  . .  24 

Carpeting,  flax,  hemp,  or  jute, E  . .  15 


174  TABLE  OP  DUTIES 

Sched.  Per  cent. 

Carpeting  of  flax,  "hemp,  or  jute,  combined  with,  cotton,  D  . .  19 

Carriages,  and  parts  of  carriages, C  . .  24 

Cassia, H  . .  4 

Cassia  buds, , H  . .  4 

Castings  of  iron, C  . .  24 

Cast  iron  vessels C  . .  24 

Cast  steel,  in  bars F  . .  12 

Casts  of  marble,  bronze,  alabaster,  or  plaster  of  Paris, 

(see  Philosophical  apparatus,  &c.,) I  . .  Free. 

Castile  soap, C  . .  24 

Castor  beans,  nuts,  or  seeds, E  . .  15 

Castoreum, E  . .  15 

Castor  oil, , E  . .  15 

Catechu, G  . .  8 

Catgut  strings, E  . .  15 

Catsup, C  . .  24 

Caustic,  lunar, E  . .  15 

Caustic,  soda, E  . .  15 

Cayenne  pepper, H  . .  4 

Cedar  wood,  manufactures  of, B  . .  30 

Cedar  wood,  boxwood,  ebony,  granadilla,  lignumvita?, 
mahogany,  rosewood,  and  satinwood,  and  all  cabi- 
net woods,  unmanufactured, G  . .  8 

Cement,  Roman, E  . .  15 

Chains  of  hair, C  . .  24 

Chains,  iron, C  . .  24 

Chalk,  red,  pencils, C  . .  24 

Chalk, H  ..  4 

Chalk,  French, H  . .  4 

Chalk,  red, H  . .  4 

Chamomile  flowers, E  ..  15 

Charts, I  . .  Free. 

Cheese, C  ..  24 

Chiccory  root, I  .  •  Free. 

Chiccory  root,  ground, E  . .  15 

Chiccory  root,  burned, E  . .  15 

China  ware, •  •  C  . .  24 

China  matting, D  . .  19 

Chip  hats  and  bonnets, C  . .  24 

Chocolate,  E  ..  15 

Chlorate  of  potash, E  . .  15 

Chloride  of  lime, H..  4 

Chromate  of  lead, E  . .  15 

Chromate,  bichromate,  hydriodate,  and  prussiate  of 

potash, E  ..15 

Chromic  acid, - E  . .  15 

Chronometers,  box  or  ships',  and  parts  thereof, G  . .  8 

Cigars, B  . .  30 

Cinnamon, •  •  •  • H  . .  4 


UNDER  TARIFF  ACT  OF  MARCH   3,   1857.  175 

Sched.    Per  cent. 

Citric  acid, H  . .     4 

Citron, , B  ..  30 

Civet, C  . .  24 

Clapboards, E  . .  15 

Claret, B  . .  30 

Clay,  wrought  or  unwrought, H  . .     4 

Clocks  and  parts  of  clocks, C  . .  24 

Clothing,  ready  made,  and  wearing  apparel  of  every 
description,  of  whatever  material  composed,  made 
up  or  manufactured  wholly  or  in  part  by  the  tailor, 

seamstress,  or  manufacturer, C  . .  24 

Cloth,  suitable  for  the  manufacture  of  shoes,  but- 
tons, &c,  exclusively,  (see  Manufactures  of  mohair 

cloth,  &c.,)  . . , .*.. H  ..     4 

Cloths,  bolting, I  . .  Free. 

Clover  seed, I  . .  Free. 

Cloves, H  . .     4 

Coach  and  harness  furniture  of  all  kinds, C  . .  24 

Coal, C  ..  24 

Cobalt, E  . .   15 

Cochineal,  H  . .     4 

Cocoa, H  . .     4 

Cocoa  matting, E  . .   15 

Cocoa  nuts, H  . .     4 

Cocoa-nut  oil, H  . .     4 

Cocoa  shells, H  . .     4 

Cocoa  wine, C  . .  24 

Coculus  indicus, E  . .   15 

Codfish, • E  ..   15 

Codilla,  or  tow  of  hemp  or  flax, F  . .   12 

Coffee  and  tea,  when  imported  direct  from  the  place 
of  their  growth  or  production  in  American  vessels, 
or  in  foreign  vessels  entitled  by  reciprocal  treaties 
to  be  exempt  from  discriminating  duties,  tunnage, 

and  other  charges,  , I  . .  Free. 

Coffee,  the  growth  or  production  of  the  possessions 
of  the  Netherlands,  imported  from  the  Netherlands 

in  the  same  manner, , I  . .  Free. 

Coffee,  all  other, , E  . .  15 

Coins,  gold,  silver,  and  copper, I  . .  Free. 

Coins,  cabinets  of, , I  . .  Free. 

Coir, D  . .  19 

Coir  matting, E  . .   15 

Coir  rope,  , D  ..  19 

Coir  yarn, , E  ...   15 

Coke  and  culm  of  coal, C  . .  24 

Collections  of  antiquities, I  . .  Free. 

Colocynth, , I  . .  Free. 

Cologne  water,, C  . .  24 


176  TABLE  OP  DUTIES 

Sched.  Per  cent 

Colored  glass C  . .  24 

Colors,  water, C  . .  24 

Columbo  root,  jE  . .   15 

Combs  of  all  kinds C  . .  24 

Comfits,  sweetmeats,   or  fruit,   preserved   in   sugar, 

brandy,  or  molasses, B  . .  30 

Common  saddlery, E  . .  15 

Composition  tops  for  tables,  or  other  articles  of  fur- 
niture,   B  ..30 

Composition  beads, C  . .  24 

Compositions  of  glass  or  paste,  when  set, C  . .  24 

Compositions  of  glass  or  paste,  not  set, G  . .     8 

Concentrated  lemon  or  lime  juice, G  . .     8 

Concentrated  melado, C  . .  24 

Concentrated  molasses, C  . .  24 

Confectionery  of  all  kinds,  not  otherwise  provided  for,  C  . .  24 

Copal,  gum, G  . .     8 

Copper,  articles,  vessels,  and  wares  of, C  . .  24 

Copper  bottoms, E  . .   15 

Copper  rods,  bolts,  nails,  and  spikes, E  . .   15 

Copper  in  sheets  or  plates,  called  braziers'  copper,  and 

other  sheets  of  copper  not  otherwise  provided  for, .  E  ..15 

Copper,  in  pigs  or  bars, I  . .  Free. 

Copper,  when  old,  and  fit  only  to  be  remanufactured,  I  . .  Free. 

Copper,  when  imported  for  the  United  States  mint, . .  I  . .  Free. 

Copper  ore, I  . .  Free. 

Copper,  sheathing, I  . .  Free. 

Copper  coins, I  . .  Free. 

Copperas,  or  green  vitriol,  or  sulphate  of  iron, E  . .   15 

Coral,  cut  or  manufactured, C  . .  24 

Coral  cameos, C  . .  24 

Coral,  marine,  (see  Marine  coral,  unmanufactured,)  .  E  . .  15 

Cordage, D  . .   19 

Cordials,  absynthe,  arrack,  Curacoa,  kirschenwasser, 
liqueurs,  maraschino,  ratafia,  and  all  other  spiritu- 
ous beverages  of  a  similar  character, A  . .  30 

Cords,  cotton, C  . .  24 

Cords,  worsted, D  . .   19 

Cords,  silk, D  . .   19 

Coriander  seed, E  . .   15 

Corks, C  ..  24 

Cork-tree  bark, H  . .     4 

Cork-tree  bark,  manufactures  of, C  . .  24 

Corn,  Indian, E  . .  15 

Corn  meal,  Indian, E  . .  15 

Corrosive  sublimate, D  •  •   19 

Cosmetics, C  . .  24 

Cotton, I  •  •  Free. 

Cotton,  azotique, E  . .  15 


UNDER  TARIFF  ACT  OF  MARCH  3,  1857.  177 

Sched.  Per  cent. 

Cotton,  jewelers' f •  •  •  •  ^  "  24 

Cotton  cords,  gimps,  and  galloons, C  . .  24 

Cotton,  gun E  . .  15 

Cotton,  hat  bodies  of, •  •  •  •  • •  ^  •  *  ^4 

Cotton,  manufactures  of,  embroidered, C  . .  24 

Cotton,  all  manufactures  of,  bleached,  printed,  painted, 

or  dyed, :  •  •  •; ^  *  *  ^ 

Cotton  laces,  cotton  insertings,  cotton  trimming  laces, 

cotton  laces  and  braids, D  •  •  19 

Cotton  laces,  cotton  insertings,  cotton  trimming  laces, 

cotton  laces  and  braids,  bleached,  printed,  painted, 

or  dyed, C  . .  24 

Cotton,  manufactures  of,  not  otherwise  provided  for, .  D  . .   19 

Cotton,  articles  of,  made  on  frames, E  . .   15 

Cotton,  articles  of,  made  on  frames,  bleached,  printed, 

painted,  or  dyed, C  . .  24 

Cotton  and  silk,  hatters'  plush,  (see  Hatters'  plush,).  E  . .   15 

Cotton,  velvet,  in  the  piece,  composed  wholly  of, E  . .   15 

Cotton,  velvet  in  the  piece,  composed  wholly  of,  bleached, 

printed,  painted,  or  dyed, .  •  C  . .  24 

Cotton  and  silk  velvet  in  the  piece,  cotton  of  chief 

value, E  . .  15 

Cotton  and  silk  velvet  in  the  piece,  silk  the  material  of 

chief  value, D  . .  19 

Court  plaster, C  . .  24 

Cowhage, E  . .   15 

Crackers,  fire, C  . .  24 

Cravats,  ready  to  be  worn, C  . .  24 

Crayons  of  all  kinds, C  . .  24 

Cream  of  tartar, H  . .     4 

Crochet  needles, C  . .  24 

Crockery, C  . .   24 

Crown  window  glass, E  . .   15 

Crucibles, C  . .  24 

Crude  tartar, I  . .  Free. 

Crude  articles  for  dyeing, I  . .  Free. 

Crvstals  for  watches, C  . .  24 

Cubebs,  E  ..  15 

Cudbear, G  ..     8 

Culm  of  coal, C  . .  24 

Cumin  seed, I  . .  Free. 

Curacoa, A  . .  30 

Curls  of  hair, C  . .  24 

Curled  hair  for  beds, E  . .  15 

Currants, G  . .     8 

Cutch, I  . .  Free. 

Cutlery  of  all  kinds, C  . .  24 

Cylinder  window  glass, E  . .   15 

Darning  needles, E  . .   15 


178  TABLE   OF  DUTIES 

Sched.    Per  cent. 

Dates G  ..     8 

Demy  paper C  . .  24 

Decoctions  of  logwood,  &c,  (see  Extracts  and  decoc- 
tions,)    H  . .     4 

De  laines C  . .  24 

De  laines,  mousseline, C  . .  24 

Diamonds,  gems,  pearls,  rubies,  and  other  precious 

stones,  and  imitations  of  precious  stones,  when  set 

in  gold,  silver,  or  other  metal, C  . .  24 

Diamonds,  cameos,  mosaics,  gems,  pearls,  rubies,  and 

other  precious  stones,  when  not  set, H  . .     4 

Diamonds,  cameos,  mosaics,  gems,  pearls,  rubies,  and 

other  precious  stones,  imitations  thereof,  not  set, . .  G  . .     8 

Diamonds,  glaziers',  set  or  not  set, F  ..  12 

Divi  divi, I  . .  Free. 

Dolls,  and  toys  of  all  kinds, C  . .  24 

Downs  of  all  kinds, D  . .   19 

Dragon's  blood, I  . .  Free. 

Drawers,  wove  on  frames, C  . .  24 

Drawers,  wove  on  frames,  wholly  of  cotton, E  ..15 

Drawers,  wove  on  frames,  wholly  of  cotton,  bleached, 

printed,  painted,  or  dyed, C  . .   24 

Drawing  paper, C  . .   24 

Drawings,  (see  Philosophical  apparatus,  &c.,) I  . .  Free. 

Dressed  and  tanned  skins, E  . .   15 

Dried  pulp,  E  . .   15 

Dried  fish, E  . .   15 

Drugs,  medicinal,  in  a  crude  state,  &c, E  ..    15 

Dutch  metal,  in  leaf, E  . .   15 

Dye  woods,  extracts  and  decoctions  of, H  . .     4 

Dye  woods  in  sticks, I  . .  Free. 

Dye,  lac,  (see  Lac  dye,) H  . .     4 

Dyeing,  articles  used  for,  not  in  a  crude  state, H  . .     4 

Dyeing,  articles  in  a  crude  state,  used  for, I  . .  Free- 
Dyeing,  berries,  nuts,  &c,  in  a  crude  state  used  for, .  I  . .  Free. 
Earthen,  china,  and  stone  ware,  and  all  other  wares 

composed  of  earthy  and  mineral  substances,  not 

otherwise  provided  for,  C  . .  24 

Earths,  ochery,  crude  or  ground, E  . .   15 

Earth,  fullers' G  . .     8 

East  India  gum, G  . .     8 

Ebony  wood,  manufactures  of, B  . .  30 

Ebony  wood,  unmanufactured, G  . .     8 

Effects,  household, I  . .  Free. 

Effects,  personal  and  household, I  . .  Free. 

Effects,  not  merchandise,  of  persons  arriving  in  the 

United  States, I  . .  Free. 

Elephant  paper, C  . .  24 

Embroideries  of  gold,  silver,  &c, C  . .  24 


UNDER  TAEIFP  ACT  OF  MARCH   3,   185T.  179 

Sched.  Per  cent. 

Embroidered    manufactures,   of   cotton,    silk,  wool, 

worsted, C  . .  24 

Emeralds, G  . .     8 

Emery,  in  lump,  or  pulverized, G  . .     8 

Enamel, E  . .   15 

Engravings  or  plates,  bound  or  unbound, G  . .     8 

Engravings,  colored, E  . .  15 

Envelopes,  paper, C  . .  24 

Epaulets,  galloons,  laces,  knots,  stars,  tassels,  tresses, 

and  wings  of  gold,  silver,  or  other  metal, C  . .  24 

Epsom  salts, E  . .   15 

Essences  for  the  toilet  or  medicinal  purposes, C  . .  24 

Essential  oils, C  . .  24 

Etchings,  (see  Philosophical  apparatus,  &c.,) I  . .  Free. 

Ether, E  . .  15 

Expressed  oils, C  . .  24 

Extracts,  medicinal,  (see  Balsams,) C  . .  24 

Extract  of  indigo, H  . .     4 

Extracts  and  decoctions  of  logwood  and  other  dye 

woods,  not  otherwise  provided, H  . .     4 

Extract  of  madder, H  . .     4 

Fabrics  wholly  or  in  part  of  India  rubber, C  . .  24 

Fancy  boxes, C  . .  24 

Fans  and  fire  screens  of  every  description,  of  what- 
ever material  composed, C  . .  24 

Feathers  and  flowers,  artificial  or  ornamental,  and 

parts  thereof,  of  whatever  material  composed,  ....  C  . .  24 

Feather  beds, D  . .   19 

Feathers  for  beds, D  . .   19 

Felspar, E  ..   15 

Felt,  adhesive,  for  sheathing  vessels, I  . .  Free. 

Felt,  hat  bodies  of, E  . .   15 

Felt,  Wood's  dry,  or  patent  boiler, D  ..   19 

Felt  roofing, E  . .   15 

Felting,  wool, C  . .  24 

Figs, G  ..     8 

Fig  blue, E  . .   15 

Filberts, C  . .  24 

Fire  arms, C  . .  24 

Fire  crackers, C  . .  24 

Fire  screens, C  . .  24 

Fire  wood, C  . .  24 

Fish,  preserved  in  oil, B  . .  30 

Fish,  foreign,  whether  fresh,  smoked,  salted,  dried,  or 

pickled,  not  otherwise  provided  for, E  ..  15 

Fish  glue,  or  isinglass, E  . .  15 

Fish  skins, E  . .  15 

Fish  oils, E  . .   15 

Fisheries,  American,  articles  the  product  of, I  . .  Free. 


180  TABLE  OF  DUTIES 

Sched.    Per  cent. 

Flags,  matting,  or  mats  of, D  . .  19 

Flannels, D  .  #  19 

Flats,  braids,  plaits,  sparterre  and  -willow  squares,  used 

for  making  hats  or  bonnets, C  . .  24 

Flax,  manufactures  of, E  . .  15 

Flax,  unmanufactured, I  . .  Free. 

Flax,  tow  of, F  . .   12 

Flaxseed, E  . .  15 

Flints, H  . .     4 

Flint,  ground, H  . .     4 

Flocks, H  . .     4 

Floor  cloths, D  . .  19 

Floor  matting, D  . .  19 

Floss  silks,  feather  beds,  feathers  for  beds,  and  downs 

of  all  kinds, D  . .  19 

Flour,  rye, E  . .  15 

Flour,  wheat, E  . .  15 

Flour  of  sulphur E  . .   15 

Flowers,  artificial, C  . .  24 

Flowers  used  exclusively  in  dyeing, I  . .  Free. 

Flowers  not  otherwise  provided  for, E  ..15 

Foil,  tin, . i F  . .  12 

Foolscap  paper, C  . .  24 

Frames  and  sticks  for  umbrellas,  parasols,  and  sun- 
shades, finished  or  unfinished, C  . .  24 

Frankfort  black, E  . .   15 

French  chalk, H  . .     4 

French  sand, E  . .  15 

Fresh  fish, E  . .   15 

Fruit  preserved  in  sugar,  brandy,  or  molasses, B  . .  30 

Fruit,  green,  ripe,  or  dried, G  . .     8 

Fullers'  earth, G  . .     8 

Fulminates,  or  fulminating  powders, E  ..  15 

Fur  caps C  . .  24 

Fur,  manufactures  of, C  . .  24 

Furs,  dressed,  on  the  skin, E  . .  15 

Furs,  hatters',  dressed  or  undressed,  not  on  the  skin,  G  . .     8 

Furs,  undressed,  when  on  the  skin, G  . .     8 

Furniture,  cabinet  and  household, C  . .  24 

Furniture,  composition  table  tops  for, B  . .  30 

Fustic,  in  the  stick, I  . .  Free. 

Galbanum  gum, E  . .   15 

Galloons,  gold,  silver,  &c, C  . .  24 

Galloons,  cotton, C  . .  24 

Galvanized  tin  plates, G  ..     8 

Gamboge, E  ..15 

Game,  prepared, B  . .  30 

Garden  seeds,  and  all  other  seeds  for  agricultural,  hor- 
ticultural, medicinal,  and  manufacturing  purposes, 

not  otherwise  provided  for, I  . .  Free. 


UNDER  TARIFF  ACT  OF  MARCH   3,  1857.  181 

Schcd.  Per  cent. 

Gas  burners,  lava, C  . .  24 

Gelatine......... C  . .  24 

Gems,  and  imitations  of,  set, C  . .  24 

Gems,  (see  Philosophical  apparatus,  &c.,) I  . .  Free. 

Gems,  not  set, H  . .  4 

Gems,  imitations  of,  not  set, G  . .  8 

Gentian  root, E  . .  15 

German  silver, C  . .  24 

German  steel,  in  bars,  F  . .  12 

Gill  twine, C  . .  24 

Gilt  ware, C  . .  24 

Gimps,  cotton, C  . .  24 

Ginger,  ground, C  . .  24 

Ginger,  dried,  green,  ripe,  preserved  or  pickled, E  . .  15 

Girdles  and  tassels,  worn, C  . .  24 

Glass,  cut, . B  . .  30 

Glass,  colored,  stained,  or  painted, C  . .  24 

Glass  crystals  for  watches, C  . .  24 

Glasses  or  pebbles  for  spectacles, C  . .  24 

Glass  tumblers,  plain,  moulded,  or  pressed,  not  cut  or 

punted, C  ..24 

Glass,  paintings  on, C  . .  24 

Glass,  porcelain, C  . .  24 

Glass,  compositions  of,  set, C  . .  24 

Glass,  compositions  of,  not  set, G  . .  8 

Glass,  window,  broad,  crown,  or  cylinder, E  ..15 

Glass,  when  old,  and  fit  only  to  be  remanufactured, . .  I  . .  Free. 

Glaziers'  diamonds,  set  or  not  set, F  ..  12 

Glauber  salts, E  . .  15 

Gloves,  made  on  frames, C  . .  24 

Gloves,  wholly  of  cotton,  made  on  frames, E  . .  15 

Gloves,  wholly  of  cotton,  made  on  frames,  bleached, 

printed,  painted,  or  dyed,  C  . .  24 

Glue, E  . .  15 

Glue,  fish, E  . .  15 

Glycerine, E  . .  15 

Goats'  hair,  manufactures  of, D  . .  19 

Goats'  hair,  unmanufactured, E  . .  15 

Goats'  hair,  unmanufactured,  of  the  value  of  20  cents 

per  pound,  or^  less,  at  the  place  of  exportation, I  . .  Free. 

Gold  embroideries, C  . .  24 

Gold,  manufactures  of, C  . .  24 

Gold  coin,  I  . ,  jrree# 

Gold  and  silver  leaf, F  . .  12 

Goldbeaters'  skin, G  . .  8 

Goods,  wares,  and  merchandise,  the  growth,  produce, 

or  manufacture  of  the  United  States,  exported  to  a 

foreign  country,  and  brought  back  to  the  United 

States  in  the  same  condition  as  when  exported, 

16 


182  TABLE  OF   DUTIES 

Schod.    Per  cent. 

upon  which  no  drawback  or  bounty  has  been  al- 
lowed :  provided  that  all  regulations  to  ascertain  the 
identity  thereof  prescribed  by  existing  laws,  or 
which  may  be  prescribed  by  the  Secretary  of  the 

Treasury,  shall  be  complied  with, I  . .  Free. 

Granadilla  wood,  manufactures  of, B  . .  30 

Granadilla  wood,  unmanufactured, G  . .     8 

Grapes, G  . .     8 

Grass  baskets, C  . .  24 

Grass  bonnets, C  . .  24 

Grass  cloth, D  . .   19 

Grass,  Sisal,  unmanufactured, D  . .  19 

Grass  mats  and  matting, D  . .   19 

Grease, G  . .     8 

Green  vitriol, E  . .  15 

Green  turtle, I  . .  Free. 

Grindstones, H  . .     4 

Ground  peas  or  peanuts, E  ..  15 

Ground  plaster  of  Paris, E  -. .  15 

Guano, I  . .  Free. 

Guava  jelly, C  . .  24 

Guitar  strings,  of  silk  and  metal, C  . .  24 

Gum  benzoin,  or  benjamin, G  . .     8 

Gums  —  Arabic,  Barbary,  copal,  East  India,  Senegal, 
substitute,  tragacanth,  and  all  other  gums  and  res- 
ins in  a  crude  state, G  . .     8 

Gum  ammoniac, E  . .  15 

Gum  animi, G  . .     8 

Gum  damar, G  . .     8 

Gum  galbanum, E  . .  15 

Gum  guaiacum, E  . .  15 

Gum  kourie, G  . .     8 

Gum  myrrh, E  ..  15 

Gum  mastic, G  . .     8 

Gum  perdu, E  . .   15 

Gunny  bags, E  . .   15 

Gunny  cloth, E  . .   15 

Gun  cotton E  . .  15 

Gunpowder, E  . .   15 

Gutta  percha,  unmanufactured, H  . .     4 

Gutta  percha,  fabrics  of, C  . .  24 

Gypsum,  unground,  . , , . .  Free. 

Gypsum,  ground, E  . .  15 

Gypsum,  calcined, E  . .   15 

Hair,  human,  cleansed  or  prepared  for  use, C  . .  24 

Hair  of  all  kinds,  uncleaned  and  unmanufactured,  . .  G  . .     8 

Hair,  goats*,  unmanufactured, E  . .   15 

Hair  of  the  alpaca,  the  goat,  and  other  like  animals, 
of  the  value  of  20  cents  per  pound,  or  less,  at  the 

place  of  exportation, I  . .  Free. 


UNDER  TARIFF  ACT  OF  MARCH  3,  1857.     183 

Sched.    Per  cent. 

Hair  bracelets,  &c., C  . .  24 

Hair,  curled,  moss,  sea  weed,  and  all  other  vegetable 

substances  used  for  beds  or  mattresses E  . .   15 

Hair  cloth,  hair  seating,  and  all  other  manufactures 

of  hair  not  otherwise  provided  for, D  ..19 

Hair,  hats  of, C  . .  24 

Hair  pencils, C  . .  24 

Hair  seating, , D  . .   19 

Hams, E  ..  15 

Hangings,  paper, E  ..   15 

Harmonicons, E  . .   15 

Harness  furniture, C  . .  24 

Hats,  flats,  braids  for  making, C  . .  24 

Hat  bodies  of  cotton, C  . .  24 

Hats  and  bonnets,  for  men,  women,  and  children, 
composed  of  straw,  satin  straw,  chip,  grass,  palm 
leaf,  willow,  or  any  other  vegetable  substance,  or  of 
hair,  whalebone,  or  other  material,  not  otherwise 

provided  for, C  . .  24 

Hats  of  wool, E  . .  15 

Hat  bodies,  made  of  wool,  or  of  which  wool  shall  be 

a  component  material  of  chief  value, E  . .   15 

Hatters'  plush,  composed  of  silk  and  cotton,  but  of 
which  cotton  is  the  component  material  of  chief 

value, E  . .  15 

Hay, E  . .  15 

Hearth  rugs,   C  . .  24 

Hemp,  unmanufactured, C  . .  24 

Hemp,  manufactures  of, E  . .  15 

Hemp  cloth,  Manila, E  . .   15 

Hemp  carpeting, E  . .   15 

Hemp,  Manila, D  . .   19 

Hemp,  Sunn, D  . .   19 

Hemp,  tow  of, F  . .   12 

Hempseed  and  rapeseed, G  . .     8 

Hempseed  or  linseed,  and  rapeseed  oil,  and  all  other 

oils  used  in  painting, E  . .   15 

Hides,  raw,  of  all  kinds, H  . .     4 

Hogsheads, C  . .  24 

Honey, C  . .  24 

Hops, E  . .  15 

Horn,  manufactures  of, , C  . .  24 

Horns,  horn  tips,  bones,  bone  tips,  and  teeth,  unman- 
ufactured,   H  . .     4 

Household  furniture, C  . .  24 

Household  effects,  old  and  in  use,  of  persons  or  fam- 
ilies from  foreign  countries,  if  used  abroad  by  them, 
and  not  intended  for  any  other  person  or  persons 

or  for  sale, I  . .  Free. 


184  TABLE  OF  DUTIES 

Sched.    Per  cent. 

Hulled  barley, E  ..15 

Human  hair,  cleansed  or  prepared  for  use, C  . .  24 

Hydriodate  of  potash, E  . .  15 

Ice, I  . .  Free. 

Illustrated  newspapers, G  . .     8 

Imitations  of  cameos  or  mosaics,  set, C  . .  24 

Imitations  of  cameos  and  mosaics,  not  set, G  . .     8 

Imitations  of  diamonds,  gems,  &c,  not  set, G  . .     8 

Imitations  of  jet, C  . .  24 

Imitations  of  jewelry, C  . .  24 

Imitations  of  wines, B  . .  30 

Imperial  paper, C  . .  24 

India  rubber,  fabrics  composed  wholly  or  in  part  of,  .  C  . .  24 

India  rubber  shoes, C  . .  24 

India  rubber,  in  bottles,  slabs,  or  sheets,  unmanufac- 
tured,   H  . .     4 

India  rubber,  milk  of, H  . .     4 

Indian  corn  and  corn  meal, E  . .   15 

Indigo, H  . .     4 

Indigo,  extract  of, H  . .     4 

Ingrain  carpeting, C  . .  24 

Ink  and  ink  powder, C  . .  24 

Ink,  printing, C  . .  24 

Insertings,  cotton, D  . .  19 

Insertings,  cotton,  printed  or  dyed, C  . .  24 

Insertings,  cotton,  embroidered, C  . .  24 

Insertings,  thread, E  . .  15 

Instruments,  mathematical  and  nautical,  for  use  of 

the  United  States, I  . .  Free. 

Instruments,  musical, E  . .   15 

Instruments,  philosophical,  for  use  of  colleges,  &c,  .1  . .  Free. 

Inventions,  models  of, I  . .  Free. 

Iodine, E  ..   15 

Ipecacuanha, E  . .  15 

Iridium, E  . .   15 

Iris,  or  orris  root, E  . .   15 

Iron  in  bars,  bloom,  bolts,  loops,  pigs,  rods,  slabs,  or 

other  form,  not  otherwise  provided  for, C  . .  24 

Iron  castings, , , C  . .  24 

Iron,  old  or  scrap, C  . .  24 

Iron,  vessels  of,  cast, C  . .  24 

Iron,  manufactures  of, C  . .  24 

Iron  ore, E  . .   15 

Iron,  sulphate  of, E  . .  15 

Iron  liquor, E  ..15 

Isinglass, E  . .  15 

Ivory  black, E  . .   15 

Ivory,  manufactures  of, C  . .  24 

Ivory  nuts,  or  vegetable  ivory, H  . .     4 


UNDER  TARIFF  ACT  OF  MARCH   3,   1857.  185 

Sched.    Per  cent. 

Ivory,  unmanufactured, I  . .  Free. 

Ivory,  vegetable,  manufactures  of, C  . .  24 

Jalap, E  . .  15 

Japanned  leather, D  . .  19 

Japanned  ware  of  all  kinds  not  otherwise  provided  for,  C  . .  24 

Japanned  saddlery, E  . .  15 

Japan  wax, E  . .  15 

Jeddo  gum, G  . .     8 

Jellies, C  ..24 

Jet,  and  manufactures  of  jet,  and  imitations  thereof,.  C  . .  24 

Jewelry,  real  or  imitation, C  . .  24 

Juice,  licorice, E  . .  15 

Juice,  lemon  or  lime, G  . .     8 

Juice,  lemon  or  lime,  concentrated, G  . .     8 

Juniper  berries, E  . .  15 

Junk,  old, I  . .  Free. 

Jute,  Sisal,  grass,  coir,  and  other  vegetable  substances, 

unmanufactured,  not  otherwise  provided  for, D  . .  19 

Jute  carpeting, E  . .  15 

Jute,  mats  or  matting, D  . .  19 

Kelp,  G  ..     8 

Kermes, H  . .     4 

Kermes,  mineral, F  . .  12 

Kino, E  ..  15 

Kirschenwasser, A  . .  30 

Knitting  needles,  E  . .  15 

Knots  of  gold,  silver,  or  other  metal, C  . .  24 

Lac  dye, H  . .     4 

Lac  spirits, H  . .     4 

Lac  sulphur, H  . .     4 

Laces  of  gold,  silver,  or  other  metal, C  . .  24 

Laces,  cotton, D  . .  19 

Laces,  cotton,  bleached,  printed  or  dyed, C  . .  24 

Laces,  thread, E  . .  15 

Lampblack, E  . .  15 

Lapis  calaminaris, E  . .  15 

Lapis  lazuli, E  . .  15 

Lard, E  . .  15 

Lastings,  cut  in  strips  or  patterns  of  the  size  and 
shape  for  shoes,  boots,  bootees,  slippers,  gaiters,  or 

buttons,  exclusively,  not  combined  with  India  rubber,  H  ..     4 

Last  blocks, C  . .  24 

Lasts,  shoe, C  . .  24 

Laths, E  ..  15 

Lava  gas  burners, C  . .  24 

Lead  pencils, C  . .  24 

Lead,  manufactures  of, C  . .  24 

Lead,  chromate  of, E  . .  15 

Lead,  in  pigs,  bars,  or  sheets, E  . .  15 


186  TABLE  OF  DUTIES 

Sched.    Per  cent. 

Lead,  nitrate  of, E  . .  15 

Lead,  white  and  red, E  . .  15 

Leaden  pipes,  E  . .   15 

Leaden  shot, E  . .   15 

Leaf,  gold  and  silver F  . .   12 

Leather,  glazed, D  . .  19 

Leather,  manufactures  of, C  . .  24 

Leather,  tanned,  bend,  or  sole, E  . .  15 

Leather,  upper,  of  all  kinds, , E  . .   15 

Leather,  japanned, D  . .   19 

Leaves,  boucho, H  . .     4 

Leaves,  medicinal, E  . .  15 

Leeches, I  . .  Free. 

Leggins, , C  . .  24 

Leggins,  wholly  of  cotton,  made  on  frames, E  . .   15 

Leggins,  wholly  of  cotton,  made  on  frames,  bleached, 

printed,  or  dyed, C  . .  24 

Lemons  and  limes, G  . .     8 

Lemon  peel, E  . .   15 

Lemon  and  lime  juice, G  . .     8 

Lemon  and  lime  juice,  concentrated, G  ..     8 

Letter  paper, C  . .  24 

Licorice,  paste,  juice,  or  root, E  . .   15 

Limes, G  . .     8 

Limes  in  salt  and  water, E  . .  15 

JAmes  pickled  in  vinegar, C  . .  24 

Limes  preserved  in  sugar,  &c, B  . .  30 

Lime  juice, G  . .     8 

Lime, G  .,     8 

Lime,  borate  of, F  . .  12 

Lime,  chloride  of, H  . ,     4 

Lime,  sulphate  of,  unground I  . .  Free. 

Lime,  sulphate  of,  ground, E  . .   15 

Linen,  manufactures  of,  embroidered, C  . .  24 

Linens  of  all  kinds,  E  . .   15 

Linseed,  but  not  embracing  flaxseed, I  . .  Free. 

Linseed  oils, E  ..   15 

Lint, E  . .   15 

Liqueurs, A  . .   30 

Liquor,  iron, E  . .   15 

Listings,  woolen, E  . .   15 

Litharge, E  . .  15 

Logwood,  in  sticks, I  . .  Free. 

Logwood,  extract  or  decoction  of, H  . .     4 

Logwood,  ground, H  . .     4 

Loops,  iron, C  . .  24 

Lunar  caustic, E  . .   15 

Macaroni,  vermicelli,  gelatine,  jellies,  and  all  other 

similar  preparations, C  . .  24 


UNDER  TARIFF  ACT  OF  MARCH   3,   1857.  187 

Sched.    Per  cent. 

Mace, ;  •  •     H   . .     4 

Machinery,  exclusively  designed  and  expressly  im- 
ported for  the  manufacture  of  flax  and  linen  goods,     G    . .     8 

Madder,  extract  of, H    . .     4 

Madder,  ground  or  prepared, I     •  •  Free. 

Madder  root, I     • .  Free. 

Madeira  wine, B    . .  30 

Magazines, G    . .     8 

Magnesia,  carbonate  of  lump  or  calcined, C    . .  24 

Magnesia,  sulphate  of, E    . .   15 

Mahogany  wood,  manufactures  of, B     . .  30 

Mahogany  wood,  unmanufactured, G    . .     8 

Malt, E    ..   15 

Manganese, E    . .   15 

Manna, E    . .   15 

Manufactures  of  cedar  wood,  granadilla,  ebony,  ma- 
hogany, rosewood,  and  satinwood, B    . .  30 

Manufactures  of  jet, C     . .   24 

Manufactures  of  the  bark  of  the  cork  tree, C     . .  24 

Manufactures  of  bone,  shell,  horn,  pearl,  ivory,  or 

vegetable  ivory, C    . .  24 

Manufactures,  articles,  vessels,  and  wares,  not  other- 
wise provided  for,  of  brass,  copper,  gold,  iron,  lead, 
pewter,  platina,  silver,  tin,  or  other  metal,  or  of 
which  either  of  those  metals  or  any  other  metal  shall 

be  the  component  material  of  chief  value, C    . .  24 

Manufactures  composed  wholly  of  cotton,  bleached, 

printed,  painted,  or  dyed, C    . .  24 

Manufactures  composed  wholly  of  cotton,  not  other- 
wise provided  for, D    . .   19 

Manufactures  of  cotton,  linen,  silk,  wool,  or  worsted, 
if  embroidered  or  tamboured  in  the  loom  or  other- 
wise, by  machinery,  or  with  the  needle  or  other 

process,   C    . .  24 

Manufactures,  articles,  vessels,  and  wares  of  glass,  or 
of  which  glass  shall  be  a  component  material,  not 

otherwise  provided  for, C    . .  24 

Manufactures  and  articles  of  leather,  or  of  which 
leather  shall  be  a  component  part,  not  otherwise 

provided  for, Q    # ,  24 

Manufactures  and  articles  of  marble,  marble  paving 
tiles,  and  all  other  marble  more  advanced  in  manu- 
facture than  in  slabs  or  blocks  in  the  rough, C    . .  24 

Manufactures  of  paper,  or  of  which  paper  is  a  compo- 
nent material,  not  otherwise  provided  for, C    . .  24 

Manufactures,  articles,  and  wares  of  paper  mache, ...     C    . .  24 
Manufactures  of  wood,  or  of  which  wood  is  a  compo- 
nent part,  not  otherwise  provided  for C    . .  24 

Manufactures  of  wool,  or  of  which  wool  shall  be  the 


188  TABLE   OP  DUTIES 

Sched.  Per  cent, 
component  material  of  chief  value,  not  otherwise 

provided  for, C  . .  24 

Manufactures  of  hair, D  . .   19 

Manufactures  of  fur, C  . .  24 

Manufactures  of  goats'  hair  or  mohair,  or  of  which 
goats'  hair  or  mohair  shall  be  a  component  material, 

not  otherwise  provided  for, D  . .   19 

Manufactures  of  silk,  or  of  which  silk  shall  be  a  com- 
ponent material,  not  otherwise  provided  for, D  . .   19 

Manufactures  of  worsted,  or  of  which  worsted  shall  be 

a  component  material,  not  otherwise  provided  for, .  D  ..19 

Manufactures  of  flax,  not  otherwise  provided  for,  ...  E  . .   15 

Manufactures  of  hemp,  not  otherwise  provided  for,. .  E  . .  15 
Manufactures  of  mohair  cloth,  silk  twist,  or  other 
manufacture  of  cloth  suitable  for  the  manufacture 
of  shoes,  cut  in  slips  or  patterns  of  the  size  and 
shape  for  shoes,  slippers,  boots,  bootees,  gaiters, 
or  buttons,  exclusively,  not  combined  with  India 

rubber, H  . .     4 

Manufactures  of  lastings  suitable  for  shoes,  boots, 

bootees,  or  buttons,  exclusively, H  . .     4 

Manures,  or  substances  expressly  used  for, I  . .  Free. 

Manuscripts E  . .    15 

Maps  and  charts, I  . .  Free. 

Maraschino, A  . .  30 

Marble,  manufactures  of, C  . .  24 

Marble  paving  tile, C  . .   24 

Marble  in  the  rough  slab  or  block,  unmanufactured,  .  E  . .   15 

Marine  coral,  unmanufactured, E  ..   15 

Marine  coral,  cut  or  manufactured, C  . .  24 

Marrow, G  . .     8 

Mathematical  instruments  for  the  use  of  the  United 

States, I  . .  Free. 

Matting,  china,  and  other  floor  matting  and  mats, 

made  of  flags,  jute,  or  grass, D  . .   19 

Meal,  Indian  corn, E  . .   15 

Meal,  rye,  oat,  and  barley, E  ..   15 

Meats,  prepared, B  . .  30 

Medals, I  . .  Free. 

Medallion  casts,  plaster, E  . .   15 

Medicinal  preparations,  not  otherwise  provided  for, . .  C  . .  24 
Medicinal  roots,  leaves,  gums,  and  resins,  in  a  crude 

state,  not  otherwise  provided  for, E  . .   15 

Mercurial  preparations, D  . .   19 

Metal  embroideries,  (see  Articles  embroidered,) C  . .   24 

Metals,  manufactures  of, C  . .  24 

Metals,  silver  plated, C  . .  24 

Metal,  Dutch  and  bronze,  in  leaf, E  . .   15 

Metals,  unmanufactured,  not  otherwise  provided  for,.  E  . .  15 


UNDER  TARIFF  ACT  OF  MARCH   3,  1857.  189 

Sched.  Per  cent. 

Metal,  type, E  . .  15 

Metallic  pens, C  . .  24 

Mineral  waters, C  . .  24 

Mineral  and  bituminous  substances  in  a  crude  state, 

not  otherwise  provided  for, E  . .  15 

Mineral  kermes, F  . .  12 

Mineralogy, I  . .  Free. 

Mits  made  on  frames, C  . .  24 

Mits  made  on  frames,  when  wholly  of  cotton, E  ..15 

Mits  made  on  frames,  when  wholly  of  cotton,  bleached, 

printed,  or  dyed, C  . .  24 

Models  of  inventions  and  other  improvements  in  the 
arts,  provided  that  no  article  or  articles  shall  be 
deemed  a  model  or  improvement  which  can  be  fitted 

for  use, I  . .  Free. 

Mohair  and  silk  twist, C  . .  24 

Mohair,  manufactures  of, ; D  . .  19 

Mohair,  unmanufactured,  of  the  value  of 20  cents  per 

pound,  or  less,  at  the  place  of  exportation, I  . .  Free. 

Molasses, C  . .  24 

Mordant,  patent, E  . .  15 

Morphia,  acetate  of, C  . .  24 

Morphia,  sulphate  of, C  . .  24 

Mosaics,  real,  and  imitations,  when  set, C  . .  24 

Mosaics,  not  set, H  . .     4 

Mosaics,  imitations  of,  not  set, G  . .     8 

Moss,  for  beds  or  mattresses, E  . .  15 

Moss,  Iceland, E  . .  15 

Mother  of  pearl, II  . .     4 

Moulds,  button, D  . .  19 

Muffs, C  . .  24 

Mides, I  . .  Free. 

Muriatic  acid, H  . .     4 

Musical  instruments  of  all  kinds,  and  strings  for  mu- 
sical instruments,  of  whipgut,  catgut,  and  all  other 

strings  of  the  same  material, E  . .  15 

Music,  printed  with  lines,  bound  or  unbound, H  . .     4 

Musk,  ...,.., C  . .  24 

Muskets,  rifles,  and  other  fire  arms, C  . .  24 

Mustard  seed,  ground  or  unground, E  ..  15 

Myrrh,  gum, E  . .  15 

Nails,  copper, E  . .  15 

Nails,  composition, C  . .  24 

Nails,  iron, C  . .  24 

Naphtha,  ...,..,..» C  . .  24 

Naphtha,  crude,  or  coal  oil, E  . .  15 

Natron, G  . .     8 

Natural  history,  specimens  of, I  . .  Free. 

Neatsfoot  oil, E  . .  15 


190  TABLE  OF  DUTIES 

Sched.  Per  cent. 

Needles,  crochet, C  . .  24 

Needles  of  all  kinds,  for  sewing,  darning,  or  knitting,  E  . .  15 

Newspapers,  illustrated, G  . .  8 

Nickel H  . .  4 

Nitrate  of  lead E  . .  15 

Nitrate  of  potash,  crude, H  . .  4 

Nitrate  of  potash,  refined, G  . .  8 

Nitrate  of  soda,  crude, H  . .  4 

Nitrate  of  soda,  refined, G  . .  8 

Nitric  acid, E  . .  15 

Nut  galls, I  ..Free. 

Nutmegs, H  . .  4 

Nuts,  cocoa, H  . .  4 

Nuts,  ivory, H  . .  4 

Nuts,  not  otherwise  provided  for, C  . .  24 

Nuts,  pea, E  . .  15 

Nuts,  used  exclusively  in  dyeing,  &c, I  . .  Free. 

Nux  vomica, G  . .  8 

Oakum, I  . .  Free. 

Oatmeal, E  . .  15 

Oats, E  ..  15 

Ochers  and  ochery  earths, E  . .  15 

Oil  cake, E  . .  15 

Oil,  castor, E  . .  15 

Oilcloth  of  every  description,  of  whatever  material 

composed,  C  . .  24 

Oil,  coal, E  . .  15 

Oil,  cod  liver,  prepared, C  . .  24 

Oil  cognac, C  . .  24 

Oil,  spermaceti,  whale,  and  other  fish,  of  American 
fisheries,  and  all  other  articles  the  produce  of  such 

fisheries, I  . .  Free. 

Oil  of  vitriol, H  . .  4 

Oils,  hempseed,  linseed,  rapeseed,  and  all  other  oils 

used  in  painting, E  . .  15 

Oils,  neatsfoot  and  other  animal  oil,  spermaceti,  whale, 

and  other  fish  oil,  the  produce  of  foreign  fisheries,.  E  . .  15 

Oils,  palm,  seal,  and  cocoa  nut,   H  . .  4 

Oils,  volatile,  essential,  or  expressed,  and  not  other- 
wise provided  for, C  . .  24 

Old  or  scrap  iron, C  . .  24 

Old  pewter, H  . .  4 

Olive  oil  in  casks,  other  than  salad  oil, C  . .  24 

Olive  salad  oil,  and  all  other  olive  oil  not  otherwise 

provided  for, C  . .  24 

Olives,  C  ..24 

Opium, E  . .  15 

Orange  and  lemon  peel,    E  . .  15 

Oranges,  lemons,  and  limes, G  . .  8 


UNDER  TARIFF  ACT  OF  MARCH   3,   185T.  191 

Sched.    Per  cent. 

Orchilla, ". I  •  •  Free. 

Ore,  copper, I  ..Free. 

Ore,  Iron, E  . .   15 

Orleans, H  . .     4 

Ornamental  feathers  or  flowers, C  . .  24 

Orpiment,  G  •  •     8 

Orris,  or  iris  root, E  . .   15 

Osier  baskets, C  . .   24 

Osier  or  willow,  prepared  for  basket  maker's  use,  ...  E  . .   15 

Ostrich  feathers,  ornamental, C  . .  24 

Ostrich  feathers  in  their  natural  state, E  ..15 

Otto  of  roses, C  . .  24 

Oxalic  acfd, H  . .     4 

Oxide  of  uranium, E  . .   15 

Packthread, C  . .  24 

Paddy, E  . .   15 

Paintings  and  statuary, I  . .  Free. 

Paintings  on  glass, C  . .  24 

Painted  glass, . C  . .  24 

Paints,  dry,  or  ground  in  oil,  not  otherwise  provided 

for, F  . .   15 

Palm  leaf,  unmanufactured, I  . .  Free. 

Palm-leaf  baskets, C  . .  24 

Palm-leaf  hats, C  . .  24 

Palm  oil, H  ..     4 

Pamphlets, G  . .     8 

Paper,  antiquarian,  demy,  drawing,  elephant,  foolscap, 
imperial,  letter,  and  all  other  paper  not  otherwise 

provided  for, C  . .  24 

Paper,  manufactures  of, C  . .  24 

Paper,  music,  bound  or  unbound, H  . .     4 

Paper,  sheathing, E  . .   15 

Paper  for  screens  or  fireboards,   E  . .  15 

Paper  boxes,  and  all  other  fancy  boxes, C  . .  24 

Paper  cigars, B  . .  30 

Paper  envelopes, C  . .  24 

Paper  hangings, E  . .   15 

Paper  shavings  and  clippings, E  . .   15 

Papier  mache,  manufactures  of, C  . .  24 

Paradise  seed, I  . .  Free. 

Parasols,  frames  or  sticks  for, C  . .  24 

Parasols  and  sunshades, C  . .  24 

Parchment, C  . .  24 

Paris  white E  . .   15 

Paste,  Brazil,. F  . .  12 

Paste  compositions,  if  not  set, G  . .     8 

Paste,  compositions  of,  when  set, C  . .  24 

Paste,  licorice, E  . .   15 

Paste,  (see  Balsams,) .. C  . .  24 


192  TABLE  OF   DUTIES 

Sched.    Per  cent. 

Pastel, H  ..     4 

Patent  mordant, E  . .  15 

Paving  stones, ...  I E  . .  15 

Paving  and  roofing  tiles  and  bricks, E  ..15 

Paving  tiles,  marble,  C  . .  24 

Pearlash, E^  . .   15 

Pearl  beads C  . .  24 

Pearl,  manufactures  of, C  . .  24 

Pearl,  mother  of, H  . .     4 

Pearl  or  hulled  barley, E  . .   15 

Pearls,  imitations  thereof,  not  set, G  . .     8 

Pearls,  not  set, H  . .     4 

Pearls,  when  set, C  . .  24 

Pebbles  for  spectacles, C  . .  24 

Pencils,  hair, C  . .  24 

Pencils,  lead, C  . .  24 

Pencils,  red  chalk, C  . .  24 

Pens,  metallic, C  . .  24 

Pepper, H  . .     4 

Peppers,  salted, E  . .   15 

Pepper*  sauce, C  . .  24 

Perfumes C  ..  24 

Perfumed  soap, C  . .  24 

Periodicals,  G  . .     8 

Periodicals,  and  other  works,  in  course  of  printing 

and  republication  in  the  United  States, E  ..15 

Personal  and  household  effects  (not  merchandise)  of 

citizens  of  the  United  States  dying  abroad, I  . .  Free. 

Peruvian  bark, I  . .  Free. 

Pewter,  manufactures  of, C  . .  24 

Pewter,  when  old,  and  fit  only  to  be  remanufactured,  H  . .     4 

Philosophical  instruments  for  colleges,  &c, I  . .  Free. 

Phosphorus, E  . .   15 

Phosphate  of  lime, E  . .   15 

Photographs, E  . .   15 

Pickles,  capers, C  . .  24 

Pickled  fish, E  . .   15 

Pigs,  brass, I  . .  Free. 

Pigs,  copper, I  . .  Free. 

Pigs,  iron, C  . .   24 

Pigs,  lead, E  . .  15 

Pigs,  tin, I  . .  Free. 

Pimento, H  . .     4 

Pineapples, G  ..     8 

Pipes,  clay, C  . .   24 

Pipes,  lead, E  . .   15 

Pitch E  ...   15 

Pitch,  Burgundy, D  . .  19 

Plaits  for  bonnets,  &c, C  ..  24 


UNDER  TARIFF  ACT  OF  MARCH  3,   1857.  193 

Sched.  Per  cent. 

Planks, . E  ..  15 

Plants  not  otherwise  provided  for, I  . .  Free. 

Plants  used  exclusively  in  dyeing, I  . .  Free. 

Plantains, G  . .     8 

Plaster,  court, C  . .  24 

Plaster  of  Paris,  when  ground, E  ..   15 

Plaster  of  Paris,  or  sulphate  of  lime,  unground,  ....  I  . .  Free. 

Plated  and  gilt  ware,  of  all  kinds, C  . .  24 

Plated  metal,  silver, C  . .  24 

Plates,  bound  or  unbonnd,  (see  Engravings  or  plates,)  G  . .     8 

Plates,  copper, E  . .   15 

Plates,  stereotype, E  ..15 

Plates,  Terne  tin, . G  . .     8 

Plates,  tin,  galvanized  or  ungalvanized, G  . .     8 

Platina,  manufactures  of, C  . .   24 

Platina,  unmanufactured, I  ..Free. 

Playing  cards, C  . .  24 

Plumbago, E  . .  15 

Plums G  . .     8 

Plumes,  ornamental, C  . .  24 

Plush,  hatters',  (see  Hatters'  plush,) E  . .  15 

Plush,  silk, D  . .  19 

Plush,  worsted, D  . .   19 

Pocket  books, C  . .  24 

Polishing  stones, G  . .     8 

Pomegranates, G  ..     8 

Porcelain  glass, '. C  . .  24 

Pork,  E  ..   15 

Porter,  in  casks  or  bottles, C  . .  24 

Port  wine, B  ..30 

Potash,  chlorate  of, E  . .  15 

Potash,  chromate,  bichromate,  and  prussiate  of, E  . .  15 

Potash,  hydriodate  of, E  . .  15 

Potash,  nitrate  of,  refined  or  partially  refined, G  . .     8 

Potash,  nitrate  of,  when  crude, H  . .     4 

Potassium, E  . .  15 

Potatoes, C  ..  24 

Poultry,  prepared, B  . .  30 

Powder,  gun,. . . E  . .  15 

Powders,  bleaching, H  . .     4 

Powders,  fulminating,  E  . .  15 

Powder,  ink, C  . .  24 

Precious  stones,  and  imitations  thereof,  when  set,  ...  C  . .  24 

Precious  stones,  not  set, H  . .     4 

Precious  stones,  imitations  of,  not  set, G  . .     8 

Prepared  vegetables,  meats,  poultry,  and  game,  sealed 

or  enclosed  in  cans,  or  otherwise, B  . .  30 

Preparations,  anatomical, E  . .  15 

Preparations,  medicinal, C  . .  24 

17 


194  TABLE   OF  DUTIES 

Sched.  Per  cent. 

Preparations,  mercurial, D  . .  19 

Preparations  of  salts, E  . .  15 

Preserved  salmon, C  . .  24 

Printer!  books,  magazines,  &c., G  . .     8 

Prints,  lithographic, G  . .     8 

Prunes, G  ..     8 

Prussian  blue, H  . .     4 

Prussiate  of  potash, E  . .  15 

Pulp,  dried, E  . .  15 

Pulp,  rag, ».  E  . .  15 

Pulp,  white  rope, E  . .  15 

Pulse E  . .  15 

Pumice, G  ..     8 

Pumice  stone, G  . .     8 

Pumpkins, E  . .  15 

Putty, E  ..  15 

Pyroligneous  acid, H  . .     4 

Quassia, E  . .  15 

Quickgrass  root, D  . .  19 

Quicksilver, E  . .  15 

Quillabark, F  . .  12 

Quills E  ..  15 

Quinine,  amorphous, E  . .  15 

Quinine,  sulphate  of, E  . .  15 

Hags,  of  whatever  material,  except  wool, I  . .  Free. 

Bag  pulp, E  . .  15 

Rags,  wool, H  . .     4 

Raisins, G  . .     8 

Rapeseed, G  . .     8 

Rapeseed  oil, E  . .  15 

Ratafia, A  . .  30 

Ratans  and  reeds,  unmanufactured, I  . .  Free. 

Raw  silk,  (see  Silks,  raw,  not  more  advanced,  &c.,) . .  F  . .  12 
Raw  silk,  (see  Silk,  raw,  or  as  reeled  from  the  co- 
coon, &c.,) I  . .  Free. 

Raw  hides  and  skins  of  all  kinds, H  . .     4 

Red  chalk, H  . .     4 

Red  chalk  pencils, C  . .  24 

Red  lead, E  . .  15 

Reeds,  unmanufactured, I  . .  Free. 

Regulus  of  antimony, G  . .     8 

Rhubarb, E  . .  15 

Rice  or  paddy, E  . .  15 

Rifles, , C  . .  24 

Ringlets  of  hair, C  . .'  24 

Pings,  finger,  gold,  &c, C  . .  24 

Pings,  finger,  stone, E  . .  15 

Rods,  copper, E  . .  15 

Rods,  iron, , , C  . .  24 


UNDER  TARIFF  ACT  OF  MARCH  3,   1857.  195 

Sched.  Per  cent. 

Roll  brimstone, E  . .   15 

Roman  cement, E  . .   15 

Roman  vitriol, E  . .   15 

Roofing  slates, D  . .   19 

Roofing  tiles, . E  . .  15 

Root,  iris  or  orris, E  ..   15 

Root,  licorice, E  . .  15 

Root,  madder, I  . .  Free. 

Roots,  medicinal,  in  a  crude  state,  &c, E  . .  15 

Roots,  used  exclusively  in  dyeing,  in  a  crude  state,  &c,  I  . .  Free. 

Rope,  bale, E  . .  15 

Rosewood,  manufactures  of, B  . .  30 

Rosewood,  unmanufactured, G  . .     8 

Rotten  stone, G  . .     8 

Roucou, H  . .     4 

Rough  marble, E  . .   15 

Rubies  and  imitations,  when  set, C  . .  24 

Rubies,  not  set, H  . .     4 

Rubies,  imitations  thereof,  not  set, G  . .     8 

Rugs, C  . .  24 

Rum, A  . .  30 

Rum,  bay, C  . .  24 

Rye  and  rye  flour, E  . .   15 

Saddlery  of  all  kinds,  not  otherwise  provided  for,  ...  C  . .  24 

Saddlery,  common  tinned  or  japanned, E  . .   15 

Safflower, I  . .  Free. 

Saffron,  and  saffron  cake, E  . .   15 

Sago, E  ..  15 

Sal  acetosella, E  . .  15 

Salad  oil, C  . .  24 

Sal  ammonia, G  . .     8 

Salmon,  pickled,  smoked,  or  dried, E  . .  15 

Salmon,  preserved, C  . .  24 

Salmon,  preserved  in  oil, B  . .  30 

Sal  soda,  and  all  carbonates  of  soda,  by  whatever  names 

designated,  not  otherwise  provided  for, G  . .     8 

Salt, E  ..  15 

Salted  fish, E  . .  15 

Salted  peppers, E  . .  15 

Saltpeter,  or  nitrate  of  soda  or  potash,  when  refined 

or  partially  refined, G  . .     8 

Saltpeter,  or  nitratp  of  soda  or  potash,  when  crude, . .  H  . .     4 
Salts,  epsom,  glauber,  Rochelle,  and  all  other  salts,  and 

preparations  of  salts,  not  otherwise  provided  for,. .  E  . .  15 

Samples, I  . .  Free. 

Sand,  French, E  . .  15 

Sandal  wood, C  . .  24 

Sapan  wood,  in  sticks, I  . .  Free. 

Sardines, B  . .  30 


196  TABLE  OF  DUTIES 

Sched.    Per  cent. 

Sarsaparilla, E  . .  15 

Satin  wood,  manufactures  of, B  . .  30 

Satin  wood,  unmanufactured, G  . .     8 

Satin-straw  hats,  bonnets,  &c, C  . .  24 

Sauces, C  . .  24 

Saunders  wood,  red,  in  sticks, I  . .  Free. 

Sausages,  Bologna,    C  . .  24 

Saxony  carpeting, C  . .  24 

Scagliola  tops  for  tables,  or  other  articles  of  furniture,  B  . .  30 

Scammony  gum, E  . .   15 

Scantling, E  . .  15 

Scarfs  ready  to  be  worn, C  . .   24 

Scrap  iron, C  . .  24 

Screws, C  . .  24 

Sculpture,  specimens  of,  (see  Philosophical  appa- 
ratus, &c.,) I  . .  Free. 

Sealing  wax,  C  . .   24 

Seating,  hair, D  . .   19 

Seaweed,  for  beds,  mattresses,  &c,  E  ..   15 

Seeds,  garden,  and  all  other  seeds  for  agricultural, 
horticultural,  medicinal,  or  manufacturing  purposes 

not  otherwise  provided  for, I  . .  Free. 

Seeds,  hempseed,  rapeseed, G  . .     8 

Seed,  anise, H  . .     4 

Seed,  canary, E  . .   15 

Seed,  caraway E  . .   15 

Seed,  cardamom,   I  . .  Free. 

Seed,  coriander, E  . .   15 

Seed,  cumin, I  . .  Free. 

Seed,  fenugreek, I  . .  Free. 

Seed,  flax, E  . .   15 

Seed,  mustard,  E  . .   15 

Seedlac, H..     4 

Segars,  snuff,  paper  segars,  and  all  other  manufactures 

of  tobacco, B  . .  30 

Senegal  gum, G  . .     8 

Sepia, E  . .  15 

Sewing  needles, E  . .   15 

Sewing  silk,  in  the  gum  or  purified, C  . .  24 

Shaddocks,... G  ..     8 

Shawls  of  all  kinds, C  . .  24 

Shear  steel,  in  bars, F  . .  12 

Sheathing  copper,  but  no  copper  to  be  considered  such, 
and  admitted  free,  except  in  sheets  of  forty-eight 
inches  long  and  fourteen  inches  wide,  and  weighing 

from  fourteen  to  thirty-four  ounces  the  square  foot,  I  . .  Free. 

Sheathing  felt,  adhesive, I  . .  Free. 

Sheathing  metal,  not  wholly  or  in  part  of  iron,  ungal- 

vanized, I  . .  Free. 


UNDER  TARIFF  ACT   OF  MARCH   3,   1857.  197 

Sched.  Per  cent. 

Sheathing  paper, E  . .  15 

Sheep's  wool,  of  the  value  of  20  cents  per  pound,  and 

less,  at  the  place  of  exportation, I  . .  Free. 

Sheep's  wool,  other,  C  . .  24 

Sheepskins  with  the  wool  on, E  . .   15 

Sheets,  copper, E  . .   15 

Sheets,  India  rubber, H  . .     4 

Sheets,  lead, E  . .  15 

Sheets,  silver-plated  metal, C  . .  24 

Sheets,  tin,  (see  Tin  in  plates  or  sheets,) G  . .     8 

Sheets,  zinc,  spelter,  or  teutenegue, F  ..12 

Shellac, H  . .     4 

Shell  boxes, C  . .  24 

Shell,  manufactures  of, C  . .  24 

Shells  of  cocoa, H  . .     4 

Shells,  unmanufactured, ' H  . .     4 

Sherry  wine, B  . .  30 

Shingle  bolts,  and  stave  bolts, I  . .  Free. 

Shingles, C  ..  24 

Shirts,  made  on  frames, C  . .  24 

Shirts,  made  on  frames,  if  wholly  of  cotton, E  . .   15 

Shirts,  made  on  frames,  if  wholly  of  cotton,  bleached, 

printed,  or  dyed, C  . .  24 

Shoddy, H  ..     4 

Shoes,  composed  wholly  of  India  rubber, C  . .  24 

Shoes,  all  other, C  . .  24 

Shot,  leaden, E  . .   15 

Shrubs, I  . .  Free. 

Side  arms,  of  every  description, C  . .   24 

Silk,  manufactures  of,  if  embroidered, C  . .   24 

Silk  twist,  and  twist  composed  of  mohair  and  silk,  . .  C  . .   24 

Silk,  sewing,  purified, C  . .   24 

Silk,  sewing,  m  the  gum, C  . .   24 

Silks,  floss, D  . .   19 

Silk,  manufactures  of, D  . .   19 

Silk  and  cotton  hatters'  plush,  (see  Hatters'  plush,) . .  E  . .  15 

Silk  and  cotton  velvet  in  the  piece,  cotton  chief  value,  E  . .  15 
Silk,  raw,  not  more  advanced  in  manufacture  than 

( singles,  tram,  and  thrown,  or  organzine, F  . .  12 

Silk,  raw,  or  as  reeled  from  the  cocoon,  not  being 
doubled,  twisted,  or  advanced  in  manufacture  in 

any  way, I  . .  Free. 

Silk  twist,  suitable  for  the  manufacture  exclusively  of 
shoes,  cut  in  slips  or  patterns  of  the  size  and  shape 
for  shoes,  boots,  bootees,  or  buttons,  slippers  and 

gaiters,  not  combined  with  India  rubber, H  . .     4 

Silk  velvet, D  . .  19 

Silver  bullion, I  . .  Free. 

Silver  coin, I  . .  Free. 


198  TABLE  OP  DUTIES 

Sched.    Per  cent. 

Silver  embroideries, C  . .  24 

Silver  leaf, F  . .   12 

Silver,  manufactures  of,  ... . C  . .  24 

Silver,  old, I  . .  Free. 

Silver  plate, C  . .  24 

Silver-plated  metal,  in  sheets  or  other  form, C  . .  24 

Singles,  silk,  (see  Silk,  raw,  not  more  advanced,  &c.,)  F  . .  12 

Sisal  grass, D  ..  19 

Skins,  fish, E  . .  15 

Skins,  furs  dressed  on, E  . .   15 

Skins,  furs  undressed  on, G  . .     8 

Skins,  goldbeaters', G  . .     8 

Skins  of  all  kinds,  japanned, D  . .   19 

Skins,  tanned  and  dressed,  of  all  kinds, E  . .  15 

Skins,  raw,  of  all  kinds, H  . .     4 

Skins  of  all  kinds,  not  otherwise  provided  for, E  . .  15 

Skins,  sheep,  with  the  wool  on, E  . .  15 

Slabs,  iron C  . .  24 

Slabs,  marble, E  . .   15 

Slabs  of  India  rubber,  unmanufactured, H  . .     4 

Slates,  roofing, D  . .  19 

Slates,  other  than  roofing, D  . .   19 

Slate  pencils, E  ..15 

Smalts, E  ..  15 

Smoked  fish, E  . .   15 

Snuff, . . . B  . .  30 

Soap,  Castile,  perfumed,  "Windsor,  and  all  other  kinds,  C  . .  24 

Soap  stocks  and  stuffs, G  . .     8 

Socks,  made  on  frames, C  . .  24 

Socks,  made  on  frames,  wholly  of  cotton, E  ..   15 

Socks,  made  on  frames,  wholly  of  cotton,  if  bleached, 

printed,  or  dyed, C  ..24 

Soda  ash, H  ..     4 

Soda,  carbonates  of, G  ..     8 

Soda,  nitrate  of,  refined, G  . .     8 

Soda,  nitrate  of,  when  crude, H  . .     4 

Soda,  sal, G  . .     8 

Soleleather, E  ..15 

Souvenirs, C  ..  24 

Spar,  adamantine, G  . .     8 

Spar  ornaments, B  . .  30 

Spars, E  . .   15 

Sparterre  for  hats,  bonnets,  &c, C  . .  24 

Specimens  of  natural  history,  mineralogy,  or  botany,  I  . .  Free. 
Specimens  of  sculpture,  (see  Philosophical  appara- 
tus, &c.,) '. I  ..Free. 

Spectacles,  glasses  for, C  . .  24 

Spelter,  in  sheets, F  . .   12 

Spelter,  manufactures  of, C  . .  24 


UNDER  TARIFF  ACT  OF  MARCH   3,  1857.  199 

Sched.  Per  cent. 

Spelter,  unmanufactured H  . .     4 

Spermaceti  candles  and  tapers, E  . .   15 

Spermaceti  oil,  foreign, •  •  •  •  E  . .   15 

Spermaceti  oil,  whale  and  other  oils,  of  American 

fishery, I  •  •  Free. 

Spices  of  all  kinds, H  •  •     4 

Spikes,  composition, C  . .  24 

Spikes,  copper, • E  . .   15 

Spikes,  iron, C  . .   24 

Spirits  distilled  from  grain, A  . .  30 

Spirits,  lac, H..     4 

Spirits  of  turpentine, E  . .   15 

Spirituous  beverages, A  . .  30 

Split  peas, E  . .  15 

Sponges, Cr  . .     8 

Spunk E  . .   15 

Squills, E  ..   15 

Stained  glass,  C  . .   24 

Starch, . E  . .  15 

Stars,  of  gold  or  silver, C  . .  24 

Statuary, I  . .  Free. 

Statuettes,  Parian,  bisque,  china,  marble,  bronze,  &c,  I  . .  Free. 

Stave  bolts, I  . .  Free. 

Staves, E  . .   15 

Stearine  candles  and  tapers, E  . .   15 

Steel,  not  otherwise  provided  for, E  . .   15 

Steel,  in  bars,  cast,  shear,  or  German, F  ..  12 

Steel,  in  coils, E  . .   15 

Steel,  in  plates  or  sheets, .' E  . .   15 

Steel,  manufactures  of, C  . .  24 

Steel,  spring, E  . .   15 

Stereotype  plates, E  . .   15 

Sticks  for  umbrellas,  &c, C  . .  24 

Sticks  for  walking, '. C  . .  24 

Still  bottoms, E  . .  15 

Stockings  made  on  frames, C  . .  24 

Stockings,  wholly  of  cotton,  made  on  frames, E  . .   15 

Stockings,  loholly  of  cotton,  made  on  frames,  if  bleached, 

printed,  or  dyed, C  . .  24 

Stone,  pumice, ...» G  . .     8 

Stone,  rotten, G  . .     8 

Stoneware,' C  ..24 

Stones,  building, G  . .     8 

Stones,  burr,  unmanufactured, I  . .  Free. 

Stones,  paving, E  . .   15 

Stones,  polishing, G  . .     8 

Stones,  precious,  and  imitations  thereof,  set, C  . .  24 

Stones,  precious,  not  set, H  . .     4 

Stones,  precious,  imitations  thereof,  not  set, G  . .     8 


200  TABLE  OP  DUTIES 

Sched.    Per  cent. 

Stones,  water  of  Ayr, G  . .     8 

Stones,  whet, E  . .  15 

Straw  baskets, C  . .  24 

Straw  buttons, C  . .  24 

Straw  carpeting  or  matting, D  . .   19 

Straw  hats  and  bonnets, C  . .  24 

Straw,  manufactures  of,  not  otherwise  provided  for, .  C  . .  24 

Straw  matting, D  . .  19 

Strings  of  whipgut  or  catgut,  for  musical  instruments,  E  ..15 

Strings,  all  other  of  the  same  material, E  ..  15 

Strings  for  musical  instruments,  of  silk  and  metal,  .  C  . .  24 

Strychnine, C  . .  24 

Stud*,  shirt, C  . .  24 

Sublimate,  corrosive, D  . .  19 

Substances  expressly  used  for  manures, I  . .  Free. 

Substitute  gum  or  burnt  starch, G  . .     8 

Sugar  of  all  kinds, C  . .  24 

Sugar,  syrup  of, C  . .  24 

Sulphate  of  ammonia, E  . .  15 

Sulphate  of  barytes,  crude  or  refined, E  . .  15 

Sulphate  of  copper, E  . .  15 

Sulphate  of  iron, E  . .  15 

Sulphate  of  lime,  unground, I  . .  Free. 

Sulphate  of  magnesia, E  ..  15 

Sulphate  of  morphia,  C  . .  24 

Sulphate  of  quinine, E  . .  15 

Sulphate  of  soda, E  . .  15 

Sulphate  of  zinc, E  ..  15 

Sulphur,  flour  of, E  . .  15 

Sulphur,  lac,  H  . .     4 

Sulphuric  acid,  or  oil  of  vitriol, H  . .     4 

Sulphuric  ether, ' E  . .  15 

Sumac, H  . .     4 

Sunshades, C  . .  24 

Sunshades,  frames  and  sticks  for, C  . .  24 

Suspenders,  wholly  or  in  part  of  India  rubber, C  . .  24 

Sweetmeats, B  . .  30 

Syrup  of  sugar, C  . .  24 

Tallow  candles, E  . .  15 

Tallow,  marrow,  and  all  other  grease  and  soap  stocks 

and  soap  stuffs  not  otherwise  provided  for, G  . .     8 

Tamarinds  in  sugar  or  molasses,  . . .  ► B  . .  30 

Tanned  and  dressed  skins, E  ..  15 

Tanned  leather, E  . .  15 

Tannin, C  . .  24 

Tanning,  articles  used  in,  in  a  crude  state,  not  other- 
wise provided  for, I  . .  Free. 

Tanning,  articles  used  in,  not  in  crude  state,  not  oth- 
erwise provided  for, H  . .  4 


UNDER  TARIFF  ACT  OF  MARCH  3,  1857.     201 

Sched.  Per  cent. 

Tapers,  spermaceti, E  . .  15 

Tapers,  stearine, E  . .   15 

Tapers,  wax, E  ..   15 

Tapioca, E  . .   15 

Tar E  ..   15 

Tartar,  cream  of, H  . .     4 

Tartar,  crude, I  . .  Free. 

Tartaric  acid, H  . .     4 

Tassels  of  all  kinds,  worn  by  men,  women,  or  children,  C  . .  24 

Tassels  of  gold,  silver,  or  other  metal, C  . .  24 

Tassels  of  silk  or  worsted,  or  silk  and  worsted,  for 

upholsterers'  use, D  . .   19 

Tassels,  woolen, C  . .  24 

Tea,  from  place  of  production,  (see  Coffee  and  tea,)  .  I  . .  Free. 

Tea,  all  other, E  . .   15 

Teasles, E  . .   15 

Teeth,  unmanufactured, H  . .     4 

Terne  tin,  in  plates  or  sheets, G  . .     8 

Terra  alba, E  . .    15 

Terra  japonica,  catechu,  or  cutch, I  . .  Free. 

Terra  Sienna, E  . .   15 

Terra  umbra, E  . .   15 

Terra  verde, E  ..   15 

Teutenegue,  in  sheets F  . .   12 

Teutencgue,  unmanufactured, H  . .     4 

Thibet  goats' hair,  unmanufactured, E  ..15 

Thibet  goats'  hair,  unmanufactured,  of  the  value  of 

20  cents  per  pound,  or  less,  at  the  port  of  exportation,  I  . .  Free. 

Thread,  cotton,  bleached  or  dyed, C  . .  24 

Thread,  cotton,  other, D  . .   19 

Thread  lacings  and  insertings, E  . .   15 

Thread,  linen, E  . .   15 

Thread,  pack, C  . .  24 

Thrown  silk,  (see  Silk,  raw,  not  more  advanced,  &c.,)  F  . .   12 

Tiles,  marble  paving, C  . .   24 

Tiles,  roofing  or  paving, E  . .    15 

Timber,  hewn  and  sawed, E  . .   15 

Timber  to  be  used  in  building  wharves, E  ..15 

Tin  foil,  F  . .   12 

Tin,  in  pigs,  bars,  or  blocks, I  . .  Free. 

Tin,  in  plates  or  sheets,  galvanized  or  ungalvanized, .  G  . .     8 

Tin,  manufactures  of, C  . .  24 

Tincal,  or  crude  borax, H  . .     4 

Tinctures, C  . .  24 

Tinned  saddlery, E  . .   15 

Tippets  of  fur, C  . .  24 

Tobacco,  manufactures  of, B  . .  30 

Tobacco,  unmanufactured, C  . .  24 

Tools  of  trade,  &c.,. I  . .  Free. 


202  TABLE   OF   DUTIES 

Sched.    Per  cent. 

Tortoise  and  other  shells,  unmanufactured, H  . .     4 

Tow  of  hemp  or  flax, F  . .   12 

Toys C  ..  24 

Tragacanth,  gum, G  . .     8 

Tram,  silk,  (see  Silks,  raw,  not  more  advanced,  &c.,)  F  . .   12 
Trees,  shrubs,  bulbs,  plants,  and  roots,  not  otherwise 

provided  for, I  . .  Free. 

Tresses,  gold,  silver,  or  other  metal, C  ..24 

Trimmings,  cotton D  . .    19 

Tumblers,  glass, C  . .  24 

Tumblers,  glass,  cut, B  . .  30 

Turkey  carpeting, C  . .  24 

Turmeric, H  . .     4 

Turpentine,  spirits  of, E  . .   15 

Turtle,  green, I  . .  Free. 

Twines  and  packthread,  of  whatever  materials  com- 
posed,    C  . .   24 

Twist,  silk,  or  silk  and  mohair, C  . .   24 

Type  metal, E  . .   15 

Types,  new  or  old, E  . .   15 

Umbrella  frames  and  sticks, C  . .   24 

Umbrellas, C  . .   24 

Upper  leather, E  . .   15 

Valerian, E  . .   15 

Valerianate  of  zinc, C  . .   24 

Vanilla  beans, E  . .   15 

Vegetable  ivory,  manufactures  of, C  . .  24 

Vegetable  ivory,  or  ivory  nuts, H  . .     4 

Vegetables  not  otherwise  provided  for, E  ..   15 

Vegetables,  prepared, B  . .  30 

Vegetable  substances,  unmanufactured, 1)  . .   19 

Vegetable  substances  used  in  making  hats  and  bonnets,  C  . .  24 

Vegetable  substances  used  for  beds  and  mattresses,  .  E  . .   15 

Vegetables  used  exclusively  in  dyeing,  crude, I  . .  Free. 

Veils,  ready  to  be  worn, C  . .  24 

Vellum C  ..  24 

Velveteens,  velvet  cords,  or  corduroys, D  ..   19 

Velveteens,   velvet   cords,  or   corduroys,  if  bleached, 

printed,  or  dyed, C  . .  24 

Velvet  in  the  piece,  composed  of  cotton  and  silk,  but 
of  which  cotton  is  the  component  material  of  chief 

value, E  . .   15 

Velvet  in  the  piece,  composed  wholly  of  cotton, E  . .   15 

Velvet  in  the  piece,  composed  wholly  of  cotton,  if 

bleached,  printed,  or  dyed, C  . .  24 

Velvet,  silk,  D  . .   19 

Venetian  carpeting, C  . .  24 

Venetian  red, E  . .   15 

Verdigris, E  . .   15 


UNDER  TARIFF   ACT   OF  MARCH   3,   1857.  203 

Sched.  Per  cent. 

Vermicelli, C  . .  24 

Vermilion, E  . .  15 

Vessels  of  cast  iron, C  . .  24 

Vessels  of  glass, C  . .  24 

Vessels  of  metal, C  . .  24 

Vinegar, C  . .  24 

Vitriol,  blue, E  . .   15 

Vitriol,  green, E  . .   15 

Vitriol,  oil  of, H..     4 

Vitriol,  white, E  . .   15 

Volatile  oils, C  . .  24 

Wafers, C  . .  24 

Walnut  catsup, C  . .  24 

Walnuts, C  . .  24 

Walnuts,  pickled, C  . .  24 

Walnuts,  salted, E  . .   15 

Wares,  chemical,  earthen,  or  pottery,  of  a  capacity- 
exceeding  ten  gallons, E  . .   15 

Wares  composed  of  earthy  and  mineral  substances, 

not  otherwise  provided  for, C  . .  24 

Wares,  japanned, C  . .  24 

Wares  of  glass, C  . .  24 

Wares  of  metal, C  . .  24 

Wares  of  papier-mache, C  . .  24 

Wares  plated  and  gilt, C  . .  24 

Waste  of  silk, H  . .     4 

Waste,  or  shoddy, H  . .     4 

Watches,  and  parts  of  watches, G  . .     8 

Watches,  crystals  for, C  . .   24 

Watch  materials,  and  unfinished  parts  of  watches, ...  H  . .     4 

Water,  bay, C  . .   24 

Water,  cologne, C  . .   24 

Water  colors, C  . .   24 

Waters,  mineral, C  . .  24 

"Wax  beads, C  . .  24 

Wax,  bees', E  . .   15 

Wax,  Japan, E  . .   15 

Wax,  sealing, C  . .  24 

Wax  candles  and  tapers, E  . .   15 

Wearing  apparel  in  actual  use,  and  other  personal 
effects  not  merchandise,  professional  books,  imple- 
ments, instruments,  and  tools  of  trade,  occupation, 
or  employment,  of  persons  arriving  in  the  United 
States ;  provided  that  this  exemption  shall  not  be 
construed  to  include  machinery,  or  other  articles 
imported  for  use  in  any  manufacturing  establish- 
ment, or  for  sale, I  . .  Free. 

Wearing  apparel,  (see  Clothing,  ready  made,) C  . .  24 

Webbing,  composed  wholly  or  in  part  of  India  rubber,  C  . .  24 


204  TABLE  OP  DUTIES 

Sched.  Per  cent. 

Webbing  of  flax  or  hemp, E  . .  15 

Webbing  of  linen  and  worsted,  or  linen  and  cotton,. .  D  ..19 

Webbing,  worsted, D  . .   19 

Weld, I  . .  Free. 

Whalebone  baskets, C  . .  24 

Whalebone  hats  and  bonnets, C  . .  24 

Whalebone,  the  produce  of  foreign  fisheries, E  ..15 

Whale  oil,  foreign, E  . .   15 

Whale  oil  and  whalebone  of  American  fisheries,  ....  I  . .  Free. 

Wheat  and  wheat  flour, E  . .  15 

Whetstones, E  ..  15 

Whiskey, A  . .  30 

White  acid,  (see  Acids,  acetic,  &c.,) H  . .     4 

White  and  red  lead, E  . .  15 

White,  Paris, E  . .   15 

White  vitriol,  or  sulphate  of  zinc, E  . .   15 

Whiting,  or  Paris  white,  E  . .   15 

Willow  baskets, C  . .  24 

Willow  hats  and  bonnets, C  . .  24 

Willow  prepared  for  basket  makers' use, E  ..15 

Willow  squares,  for  hats  and  bonnets, C  . .  24 

Wilton  carpeting, C  . .  24 

Window  glass,  broad,  crown,  or  cylinder, E  . .   15 

Window  glass,  colored,  stained,  or  painted, C  . .  24 

Window  glass,  ground, C  . .  24 

Windsor  soap, , C  . .  24 

Wines,  Burgundy,  Champagne,  claret,  Madeira,  port, 

sherry,  and  all  other  wines,  and  imitations  of  wines,  B  . .  30 

Wings  of  gold,  silver,  metal, C  . .  24 

Woad,  or  pastel, H  . .     4 

Wood,  dve,  in  sticks, I  •  •  Eree^ 

Wood,  fire, C  . .  24 

Wood,  green  ebony,  in  sticks, I  •  •  Free. 

Wood,  manufactures  of,  not  otherwise  provided  for,  .  C  . .  24 
Woods,  cedar,  granadilla,  ebony,  mahogany,  rosewood, 

and  satin  wood,  when  manufactured, B  . .  30 

Woods,  dye,  extracts  or  decoctions  of, H  . .     4 

Woods,  dye,  ground, ; H  . .     4 

Woods,  namely,  cedar,  box,  ebony,  lignumvitae,  gran- 
adilla, mahogany,  rosewood,  satin  wood,  and  all 

other  cabinet  woods,  unmanufactured, G  . .     8 

Wood,  unmanufactured,  not  otherwise  provided  for,  .  C  . .  24 

Woolen  and  worsted  yarn, D  •  •  19 

Woolen  flocks, - H  . .     4 

Woolen  listings, E  . .  15 

Woolen  rags, H  . .     4 

Wool  hat  bodies, E  . .  15 

Wool  hats, E  ..  15 

Wool,  manufactures  of, C  . .  24 


UNDER  TARIFF  ACT  OF  MARCH  3,  1857.  205 

Sched.    Per  cent- 

Wool,  of  the  value  of  20  cents  per  pound,  or  less,  at 

the  place  of  exportation, I  . .  Free. 

Wool  on  the  skins, E  . .  15 

Wool,  unmanufactured,  not  otherwise  provided  for, . .     C  . .  24 

Worsted  hose, C  ..24 

Worsted,  manufactures  of, D  . .  19 

Worsted  shawls, C  . .  24 

Worsted  yarns, D  . .  19 

Yams, E  ..  15 

Yarn,  cotton, D  . .  19 

Yarn,  cotton,  bleached,  printed,  or  dyed, C  . .  24 

Yarn,  woolen  and  worsted, D  . .  19 

Yellow  acid,  (see  Acids,  acetic,  &c.,) H  . .     4 

Zinc  in  sheets,  corrugated, C  . .  24 

Zinc,  sheathing,  I  . .  Free. 

Zinc,  spelter  or  teutenegue,  in  sheets, F  ..  12 

Zinc,  spelter  or  teutenegue,  unmanufactured, H  . .     4 

Zinc,  sulphate  of, E  . .  15 

Note.  —  The  articles  printed  in  Roman  are  enumerated  in  the  schedules 
of  the  tariff  act ;  those  in  Italic  are  not  enumerated  in  the  act,  but  are 
classified  according  to  decisions  of  the  department,  or,  in  the  absence  of 
such  decisions,  are  placed  where  they  seemed  properly  to  belong. 
18 


206     REGULATIONS,   ETC.,   UNDER   THE   TARIFF  LAWS. 


DECISIONS    AND    EEGULATIONS    UNDER 
THE    TARIFF    LAWS. 

§  297.  Acetate  of  lead.  —  Held  to  be  a  non-enumerated  ar- 
ticle, liable  to  duty  under  schedule  E.  Treas.  Reg.  Dec.  31, 
1847. 

§  298.  Acetate  of  morphia.  —  Decided  to  be  liable  to  duty 
as  a  medicinal  preparation  under  schedule  C.     Ibid. 

§  299.  Acetosella  sal.  —  This  article  was  claimed  to  be  en- 
titled to  entry  as  an  article  not  in  a  crude  state  used  in  dyeing 
or  tanning ;  but  the  department  held  it  to  be  chargeable,  un- 
der the  provision  for  "  salts  and  preparations  of  salts  not  oth- 
erwise provided  for,"  with  a  duty  of  15  per  cent.  Treas.  De- 
cision, Aug.  27,  1857. 

§  300.  Additional  duties.  — The  additional  duty  of  20  per 
cent,  imposed  by  the  acts  of  July  30, 1846,  and  March  3, 1857, 
accrues  whenever  the  value  of  the  merchandise,  determined 
by  the  appraisers,  exceeds  by  10  per  cent,  or  more  the  value 
thereof  declared  on  the  entry.  From  this  comparison  the 
dutiable  costs  and  charges  are  excluded.  Treas.  Reg.  June 
30,  1857. 

Where  goods  are  advanced  in  price  by  appraisement, 
the  estimates  of  the  per-centage  advance,  to  ascertain 
whether  the  same  are  liable  to  the  additional  duty,  must  be 
made  only  on  the  articles  so  raised  in  price,  and  such  addi- 
tional duty  must  be  so  levied  and  collected.  In  no  case  will 
the  advance  be  estimated  on  the  entire  invoice,  except  where 
the  goods  are  the  same  in  quality,  description,  and  value,  and 
the  same  advance  of  price  is  made  on  the  whole.  Ibid.  Dec. 
26,  1848. 

The  question  has  lately  been  presented,  whether  the 
additional  duty  should  be  assessed  on  the  value  of  the  mer- 
chandise ascertained  by  the  appraisers,  or  on  the  dutiable 
value,  that  is,  on  the  appraised  value  of  the  merchandise  and 
charges.  It  is  decided  by  the  department  that  the  addi- 
tional duty  should  be  assessed  on  the  appraised  value  of  the 
merchandise,  excluding  the  dutiable  charges.  The  regular 
duty  is,  of  course,  to  be  charged  on  both.  Ibid.  June  30, 
1857. 

Additional   duty  is    not   incurred   by    a    simple    excess 


REGULATIONS,  ETC.,  UNDER  THE  TARIFF  LAWS.   207 

of  quantity  ascertained  on  importation  over  the  quantity 
expressed  in  the  invoice,  tmt  only  where  the  value  of  the 
article,  as  given  in  the  invoice  and  entry,  shall  be  10  per 
cent,  below  the  appraised  value.  The  regular  tariff  duty  is, 
however,  to  be  assessed  on  the  excess  as  ascertained.  Gen. 
Reg.  Art.  365. 

The  additional  duty  must  be  levied  upon  the  dutiable 
value  of  the  merchandise,  as  ascertained  by  the  appraisers, 
and  no  abatement  of  this  duty  can  be  made  although  it  should 
appear  that  the  merchandise  was  damaged  on  the  voyage  of 
importation,  and  an  allowance  in  the  regular  tariff  duty  is 
made  therefor.  It  can  be  imposed,  however,  only  on  the 
merchandise  actually  imported,  as  ascertained  by  the  weigher, 
gauger,  measurer,  or  other  officer,  irrespective  of  the  quantity 
stated  in  the  invoice.      Ibid.  Art.  367. 

§  301.  Allowances  and  abatement  of  duties.  —  Allowance 
or  abatement,  on  separate  articles  or  packages,  included  in  the 
manifest,  but  not  found  on  board  the  vessel  at  the  time  of  un- 
lading the  same  in  the  United  States,  can  not  be  made,  unless 
satisfactory  proof  be  adduced  that,  by  accident  or  other  cause, 
such  articles  or  packages  had  never  been  actually  shipped  ;  or 
that,  being  shipped,  they  had  been  actually  lost  or  destroyed 
by  accident  or  other  cause  during  the  voyage,  and  before  the 
arrival  of  the  vessel  within  the  limits  of  any  collection  dis- 
trict of  the  United  States.     Treas.  Reg.  Dec.  31,  1847. 

It  has  been  decided  that  none  of  the  allowances  speci- 
fied in  the  58th  and  59th  sections  of  the  act  of  2d  March, 
1799,  [allowances  for  tare,  leakage,  breakage,  &c.,]  can  now 
be  made,  being  considered  inapplicable  to  imports  subject  to 
ad  valorem  duties ;  allowances  of  this  character,  therefore, 
under  existing  laws,  can  only  be  made  as  follows  :  When  it 
shall  be  ascertained  by  the  collector  at  whose  port  the  impor- 
tation is  made,  that  by  actual  gauge,  weighing,  or  measuring, 
as  the  case  may  be,  the  quantity  of  merchandise  imported  is 
less  than  the  quantity  given  in  the  invoice,  and  the  said  col- 
lector shall  be  satisfied,  from  proofs  adduced,  that  the  diminu- 
tion was  consequent  on  leakage,  drainage,  breakage,  shrinkage, 
evaporation,  or  accidental  loss  or  destruction,  during  the  voy- 
age of  importation,  and  was  not  caused  in  whole  or  in  part  by 
the  abstraction  from  the  quantity  given  in  the  invoice  of  any 
portion  thereof,  with  a  view  to  its  illegal  introduction  into  the 
United  States,  or  for  any  other  purpose,  he  is  authorized  and 
directed,  in  the  estimate  of  duties  on  the  importation,  to  make 
allowance  for  the  difference  between  the  invoice  and  ascer- 


208     REGULATIONS,  ETC.,  UNDER  THE  TARIFF  LAWS. 

tained  quantity ;  it  being  considered  that  the  tariff  act  levies 
duties  on  imports  only ;  and  consequently,  that,  with  the  re- 
strictions above  stated,  duties  on  merchandise  are  to  be  exacted 
on  the  quantity  which  arrives  in  the  United  States,  and  not  on 
the  quantity  shipped  at  the  foreign  port.  Where  the  voyage 
of  importation  has  terminated,  and  the  full  quantity  shipped 
of  merchandise,  as  per  invoice,  has  been  landed  in  the  United 
States,  no  claim  to  allowance  for  deficiency  in  quantity,  sub- 
sequently incurred  by  leakage  or  otherwise,  can  be  granted. 
Gen.  Reg.  Art.  372. 

No  allowance  can  be  made  in  the  assessment  of  du- 
ties for  any  increase  of  weight  or  quantity  caused  by  the 
article  contracting  moisture  on  the  voyage  of  importation. 
Duties  must  be  assessed  on  the  actual  quantity  of  merchan- 
dise imported  as  shown  by  the  returns  of  the  weigher,  gauger, 
or  measurer,  as  the  case  may  be. 

Actual  tare  only  —  that  is,  the  weight  of  the  cask,  case,  or 
other  envelope,  in  which  the  merchandise  is  contained  —  will 
be  allowed  as  a  deduction  from  the  gross  weight  of  imports ; 
and  whenever  it  may  be  necessary  to  ascertain  such  actual 
tare,  one  or  more  of  the  casks,  or  other  envelopes,  will  be 
actually  weighed  for  that  purpose. 

Tare  will  be  allowed  on  sugars  at  the  following  ascertained 
rates:  —  Hhds.,  12  per  cent. ;  tierces,  12  per  cent.;  bbls.,  10 
per  cent. ;  boxes  from  Cuba,  15  per  cent. ;  bags  and  mats,  2 
per  cent.  Of  sugar  in  boxes  from  other  places  than  Cuba, 
the  weighers  will  ascertain  the  actual  tare,  to  the  satisfaction 
of  the  collector  of  the  port.  If  the  importer  do  not  consent 
to  the  allowance  of  tare  at  such  rates,  collectors  will  require 
the  tare  to  be  actually  ascertained,  by  taking  out  the  contents 
and  weighing  the  cask  or  other  envelope.  Ibid.  Art.  378- 
380. 

§  302.  Almonds.  —  It  was  claimed  that  almonds  were  enti- 
tled to  entry  at  a  duty  of  8  per  cent,  as  falling  within  the 
classification  in  schedule  G  of  "  fruits  green,  ripe,  or  dried." 
But  the  department  held  that  they  were  not,  in  fact,  dried 
fruit,  and  were  not  so  known  or  denominated  in  commercial 
parlance  ;  and  being  specifically  provided  for  under  schedule 
B  of  the  tariff  act  of  1846,  they  were  to  be  regarded  as  still 
remaining  in  that  schedule,  and  liable  to  duty  at  24  per  cent. 
Treas.  Decision,  Aug.  11,  1857. 

§  303.  Ammonia,  sulphate  of.  —  The  importers  claimed  to 
enter  as  crude  ammonia,  under  schedule  G,  at  8  per  cent. ; 
but  the  department  decided  that  the  designations  "  ammonia  " 


REGULATIONS,  ETC.,  UNDER  THE  TARIFF  LAWS.   209 

and  "  sal  ammonia  "  in  that  schedule  did  not  embrace  the  sul- 
phate of  ammonia,  and  that  it  was  chargeable  with  duty  at  15 
per  cent,  under  the  provision  for  salts  and  preparations  of 
salts  in  schedule  E.     Ibid.  April  2,  1858. 

§  304.  Apparatus,  philosophical,  fyc.  —  It  was  claimed  that 
the  exemption  from  duty  allowed  in  respect  to  philosophical 
apparatus,  instruments,  &c,  imported  for  the  use  of  colleges, 
extended  to  chemicals,  chemical  preparations,  &c,  to  be  used 
in  the  illustration  of  chemical  lectures  in  such  institutions ;  but 
the  department  held  that  on  the  most  liberal  construction  the 
term  "  philosophical  apparatus  "  could  not  be  taken  to  embrace 
the  articles  referred  to,  and  that  they  were  legally  chargeable 
with  duty.     Ibid.  Oct.  29,  1857. 

§  305.  Art,  works  of.  —  There  is  no  law  exempting  objects 
of  art  imported  into  the  United  States  from  duty ;  such  ex- 
emption being  limited  to  "  paintings  and  statuary."  Gen. 
Reg.  Art.  939. 

§  306.  Bale  rope.  —  This  article  can  not  be  held  as  falling 
within  the  classification  of  "  cables  and  cordage  "  in  schedule 
D,  but  is  to  be  treated  as  a  "  manufacture  not  otherwise  pro- 
vided for,"  liable  to  duty  at  the  rate  of  15  per  cent,  under 
schedule  E.     Treas.  Decision,  April  21,  1858. 

§  307.  Benzole.  —  Understood  to  be  a  highly  rectified 
naphtha,  and  found,  on  examination,  to  be  of  the  requisite 
specific  gravity  to  warrant  the  designation  of  "  essential  oil," 
to  be  considered  as  comprehended  in  schedule  C  of  the  tariff, 
and  charged  with  duty  accordingly.     Ibid.  June  30,  1857. 

§  308.  Benzoin  of  gum  benjamin.  —  This  article,  though 
sometimes  designated  as  a  balsam,  is  generally  known  in  com- 
merce as  a  gum  in  a  crude  state,  and  as  such  is  transferred 
from  schedule  C,  in  the  tariff  act  of  1846,  to  schedule  G,  by 
force  of  the  provision  of  the  2d  section  of  the  tariff  act  of 
March  3,  1857,  and  becomes  admissible  at  a  duty  of  8  per 
cent.     Ibid.  Aug.  24,  1857. 

§  309.  Blank  books.  —  On  an  importation  of  "books,  com- 
posed of  blank  leaves,  intended  and  used  for  the  preservation 
of  copies  of  letters,  transferred  to  them  by  means  of  a  press," 
duty  was  levied  at  the  rate  of  24  per  cent.,  as  on  manufac- 
tures of  paper  not  otherwise  provided  for  ;  but  the  department 
decided  that  books  of  the  description  referred  to  were  entitled 
to  entry  at  15  per  cent.,  as  embraced  within  the  classification 
of  "blank  books,  bound  or  unbound."     Ibid.  March  1,  1858. 

§  310.  Blankets.  —  By  the  provisions  of  law  "blankets  of 
all  kinds  "  are  chargeable  with  a  duty  of  15  per  cent.     The 


210      REGULATIONS,   ETC.,  UNDER  THE  TARIFF  LAWS. 

only  articles  shown  to  the  satisfaction  of  the  department  to 
have  been  known  and  recognized  at  the  time  of  the  passage 
of  the  tariff  act  of  1846,  on  blankets,  and  therefore  entitled  to 
entry  at  15  per  cent.,  are:  — 

1.  All  white  woolen  bed  blankets,  composed  wholly  of  wool, 
or  wool  and  cotton,  loosely  woven,  ornamented  with  colored 
stripes  and  figures,  known  in  commerce  under  the  specific  des- 
ignations of  Witney,  Rose,  Bath,  Duffil,  Point,  Cradle,  and 
Crib  blankets. 

2.  Mackinaw  blankets,  either  white  or  of  various  colors,  as 
blue,  green,  and  scarlet,  and  uniformly  manufactured  with  an 
indigo  heading  of  two  inches  or  more  in  width,  running  across 
the  breadth  at  each  end  of  the  blanket,  at  about  four  inches 
from  the  end,  with  broad  points  two  inches  or  more  in  length 
near  the  stripes,  to  indicate  the  size  and  weight  of  the  blanket ; 
the  articles  being  loosely  woven,  neither  sheared,  fulled,  nor 
pressed,  but  teaseled  and  raised,  fully  or  partially,  on  both 
sides. 

3.  Horse  blankets,  whether  white,  plaided,  or  colored ;  a 
coarse  article,  loosely  woven  and  unsheared. 

On  entry  being  offered  of  merchandise  as  blankets,  the  im- 
porter is  to  be  required  to  insert  therein  the  specific  descrip- 
tive designation  of  the  article,  whether  contained  in  either  of 
the  foregoing  lists  or  not,  under  which  he  claims  its  entry  as 
a  blanket. 

The  following  articles  are  considered  liable,  under  the  law, 
to  a  duty  of  24  per  cent,  ad  valorem :  — 

1.  Manufactures  of  wool  of  various  colors,  not  commercially 
recognized,  prior  to  the  passage  of  the  existing  tariff  act,  as 
blankets.  These  articles  are  understood  to  be  manufactured 
in  the  same  manner  as  Petersham  cloth,  Pilot  cloth,  Beaver 
cloth,  Duffil  cloth,  Kerseys,  Frieze  cloth  or  flushings,  and  in 
some  degree  sheared,  fulled,  or  pressed.  They  are  imported 
in  the  form  of  a  blanket,  as  it  respects  dimensions,  and  have 
a  very  narrow  and  faint  stripe  at  the  extreme  end. 

2.  Articles  of  wool,  termed  machine  blankets,  woven  with- 
out end,  and  used  for  aprons  over  the  rollers  in  machinery. 

3.  Blanketings,  of  wool,  not  being  specifically  provided  for 
in  the  law,  are  chargeable  as  manufactures  of  wool.  Treas. 
Decision,  Feb.  1,  1856. 

§  311.  Books,  periodicals,  or  pamphlets,  brought  into  the 
United  States  in  ship  letter  bags,  being  equally  liable  with  like 
articles  otherwise  imported,  are  not  to  be  permitted  to  be  de- 
livered or  forwarded  from  the  post  office  without  entry  at  the 


REGULATIONS,   ETC.,   UNDER  THE  TARIFF  LAWS.     211 

custom  house,  and  payment  of  the  duties  imposed  by  law. 
Treas.  Decision,  Dec.  31,  1847. 

§312.  Books  in  course  of  republication.  —  This  compre- 
hends only  works  imported  in  numbers  or  separate  parts,  the 
course  of  their  printing  and  republication  in  the  United  States 
necessarily  depending  on  and  following  their  course  of  origi- 
nal publication  abroad.  In  this  view,  the  republication  of  the 
numbers  or  parts  of  any  serial  work,  imported  into  the  United 
States,  being  commenced,  the  series  may  be  considered  in 
course  of  republication,  and  the  successive  numbers  would 
become  liable  to  the  duty  provided  in  schedule  E,  while  such 
series  was  in  the  course  of  republication,  and  until  such  course 
were  ended  by  the  completion  of  the  work.  The  first  number 
of  such  series,  no  such  course  of  printing  and  republication 
being  commenced  at  the  time  of  importation,  would  be  entitled 
to  entry  under  schedule  G  ;  as  would  also  the  work  when 
completed  —  the  series  being  terminated,  and  no  longer  in 
course  of  republication  in  the  United  States.     Ibid. 

§  313.  Books  invoiced  as  "  metallic  memorandum  booh  " 
are  not  to  be  regarded  as  "  blank  booh,"  but  are  liable  to  duty 
under  schedule  C,  as  "  manufactures  of  leather  not  otherwise 
provided  for."     Ibid.  Feb.  1,  1856. 

§  314.  Booh  (as  personal  or  household  effects)  of  citizens 
of  the  United  States  dying  abroad,  are  exempt  from  duty 
under  schedule  I ;  also,  booh  (as  household  effects,  or  libra- 
ries, or  parts  of  libraries)  of  persons  or  families  from  foreign 
countries,  if  used  abroad  by  them,  (for  at  least  one  year,)  and 
not  intended  for  any  other  person  or  persons,  or  for  sale ;  also, 
professional  books,  appropriate  to  the  profession  of  the  immi- 
grant ;  and  books  (as  personal  effects)  of  persons  arriving  in 
the  United  States,  "  not  merchandise,"  and  not  exceeding  in 
number  or  value  what  is  usual  for  a  traveler  or  other  person 
to  carry  with  him  for  actual  use.  But  editions  of  books,  the 
works  of  American  citizens,  printed  abroad,  when  imported 
into  the  United  States,  do  not  come  within  the  exemption  from 
duty  provided  by  law,  as  personal  effects  or  otherwise.     Ibid. 

§  315.  Borax.  —  The  tariff  act  of  1846  provided  for  "bo- 
rax or  tincal "  under  schedule  D.  The  tariff  act  of  1857 
transfers  "  borax,  crude  "  —  terms  regarded  as  equivalent  to 
tincal  —  to  schedule  H,  leaving  borax  still  in  schedule  D  un- 
transferred,  as  applicable  to  the  refined  borax  of  commerce. 
Ibid.  Aug.  28,  1857. 

§  316.  Brandy  coloring.  —  The  classification  of  spirits  and 
spirituous  beverages,  in  schedule  A,  is  held  to  comprehend  an 


212     REGULATIONS,   ETC.. 

article  called  "  coloring,"  composed  of  brandy  and  burnt  su- 
gar.    Ibid.  Feb.  1,  1856. 

§  317.  Cameos,  coral.  — It  was  claimed  that  an  article  de- 
nominated a  cameo,  made  of  coral,  was  entitled  to  entry  under 
the  provision  in  schedule  H  for  "  cameos  and  mosaics  not  set," 
at  4  per  cent. ;  but  the  department  decided  that  it  was 
chargeable  with  duty  at  24  per  cent,  under  the  provision  for 
"  coral  cut  or  manufactured  "  in  schedule  C.  Ibid.  April  23, 
1858. 

§  318.  Canary  seed. — This  seed  is  subject  to  duty  as  an 
unenumerated  article  —  not  being  entitled  to  exemption  under 
the  provision  for  "  garden  seeds,  and  all  other  seeds  for  agri- 
cultural, horticultural,  medicinal,  or  manufacturing  purposes," 
in  schedule  I.  of  the  existing  tariff  act.     Ibid.  April  21,  1858. 

§  319.  Cloths  or  coatings,  invoiced  "mohair  and  cotton," 
and  known  in  trade  as  buffalo,  cowlick,  deer  skin,  negro  head, 
seal  skin,  and  whirlpool  cloth  or  coating,  when  actually  com- 
posed of  worsted  or  mohair  and  cotton,  are  entitled  to  entry 
at  the  rate  of  duty  charged  in  schedule  D :  if  wool  be  the  com- 
ponent material  of  chief  value,  they  will  be  charged  with  the 
duty  as  provided  in  schedule  C  of  the  tariff  act  now  in  force. 
Ibid.  June  30,  1857. 

§  320.  Cocoa  matting.  —  This  article,  being  a  manufacture 
of  the  outer  covering  of  the  cocoa-nut  unmixed  with  other 
material,  it  can  not  be  considered  as  embraced  in  the  classifi- 
cation of  "  matting,  China,  and  other  floor  matting  and  mats, 
made  of  flags,  jute,  or  grass,"  in  schedule  D,  but  must  be 
treated  as  unenumerated,  and  subject,  under  the  first  section 
of  the  tariff  act  of  1857,  to  duty  at  the  rate  of  15  per  cent. 
Ibid.  AprilS,  1858. 

§  321.  Coffee  of  the  growth  of  the  coast  of  Malabar,  or 
Island  of  Ceylon,  being  the  possession  of  Great  Britain  in  In- 
dia, will  be  entitled  to  free  entry  if  imported  from  Calcutta, 
or  other  port  of  the  British  East  Indies,  in  vessels  of  the 
United  States,  or  in  vessels  put  on  the  footing  of  national 
vessels  by  reciprocal  treaties.  In  the  case  of  a  shipment  of 
coffee,  the  product  of  Brazil,  from  that  country  to  a  foreign 
"port  of  call,"  with  the  intention  of  going  to  the  best  market,  — 
on  the  importation  into  the  United  States,  under  these  circum- 
stances, the  department  decided  the  article  to  be  subject  to 
duty,  the  voyage  not  being  continuous,  and  the  importation, 
therefore,  not  direct  from  the  country  of  production,  no  desti- 
nation for  the  United  States  having  been  definitely  fixed  be- 
fore the  voyage  commenced. 


REGULATIONS,  ETC.,  UNDER  THE  TARIFF  LAWS.  213 

§  322.  Costs,  charges,  and  commissions.  —  The  law  requires 
that  there  shall  be  added  to  the  "actual  market  value  or 
wholesale  price  "  of  imports,  ascertained  by  appraisement,  in 
order  to  fix  the  dutiable  value,  "  all  costs  and  charges,  except 
insurance,  and  including  in  every  case  a  charge  for  commis- 
sions at  the  usual  rates."     These  charges  are,  — 

First.  The  expenses  of  putting  up  and  packing,  together 
with  the  value  of  the  sack,  package,  box,  crate,  hogshead,  bar- 
rel, bale,  cask,  can,  bottles,  jars,  and  coverings  of  all  kinds. 

Second.  Commissions  must  in  every  case  be  made  a  duti- 
able charge  at  the  usual  rates,  but  never  less  than  2^-  per 
cent.,  without  the  special  sanction  of  the  department,1  nor  less 
than  is  stated  in  the  invoice.  If  it  appear  on  the  face  of  the 
invoice  or  entry  at  less  than  the  usual  rate,  it  must  be  ad- 
vanced to  that  rate.  Where  there  is  a  distinct  brokerage,  or 
where  brokerage  is  a  usual  charge  at  the  place  of  shipment  or 
purchase,  that  is  to  be  added  likewise.  Commissions  on  the 
amount  of  slapping  charges  at  the  foreign  port  of  exportation 
constitute  one  of  the  charges  liable  to  duty  under  existing  laws 
and  instructions. 

Third.  Export  duty,  storage  at  the  foreign  shipping  ports, 
cost  of  putting  cargoes  on  board  ship,  including  drayage,  labor, 
bill  of  lading,  lighterage,  town  dues,  and  shipping  charges, 
dock  or  wharf  dues,  and  all  charges  to  place  the  articles  on 
shipboard,  and  fire  insurance,  if  effected  for  a  period  prior  to 
the  shipment  of  goods  to  the  United  States.  Marine  insur- 
ance is  not  to  be  treated  as  a  dutiable  charge. 

Freight,  or  cost  of  transportation,  from  the  foreign  port  of 
exportation,  is  not  a  dutiable  charge. 

In  the  case  of  merchandise  arriving  in  the  United 
States,  after  having  been  transported  from  the  country  of  its 
production,  manufacture,  or  procurement,  to  another  country, 
by  land  or  water,  and  the  collector  of  the  customs  at  the  port 
of  importation  shall  be  satisfied,  by  the  evidence  adduced,  that 
the  merchandise  was  originally  exported  with  a  bona  fide  in- 
tention of  having  it  transported  to  a  port  in  the  United  States 
as  its  final  port  of  destination,  no  dutiable  costs  or  charges 
will  have  accrued,  either  on  the  transportation  from  the  first 
to  the  intermediate  port,  or  while  remaining  in  or  leaving  the 
latter,  the  voyage  or  transportation  being  regarded  as  contin- 

1  It  has  been  determined  by  the  department  that  the  usual  rate  of  com- 
mission in  France  (except  Paris),  Switzerland,  Holland,  Sweden  and  Nor- 
way, and  China,  is  two  per  cent.  On  invoices  from  Paris  the  usual  rate  is 
three  per  cent. 


214     REGULATIONS,   ETC.,   UNDER   THE   TARIFF  LAWS. 

uous  from  the  country  whence  originally  exported  in  good 
faith,  on  a  declared  destination  for  a  port  and  parties  in  the 
United  States. 

In  illustration  of  this  rule,  it  may  be  remarked,  that 
th«  evidence  of  final  destination  being  satisfactory,  no  duties 
would  be  chargeable  in  ports  of  the  United  States  on  the 
freight,  or  transportation,  or  charges  in  the  intermediate  ports, 
on  goods  originally  from  China  to  Liverpool,  from  Malaga  to 
Valparaiso,  from  Dresden  to  Bremen,  or  from  Basle  to  Havre, 
on  the  said  goods  being  transshipped  for  the  United  States  from 
the  several  intermediate  ports  enumerated. 

In  the  case  of  merchandise  imported  into  the  United 
States  from  an  interior  country,  through  the  ports  of  another 
country,  the  original  destination  for  the  United  States  being 
satisfactorily  shown,  the  cost  of  transportation  and  other  ex- 
penses to  the  frontier  of  such  interior  country  will  be  dutiable 
charges,  and  should  be  stated  on  the  invoice,  and  if  not  so 
stated,  should  be  added  to  the  foreign  market  value  in  ascer- 
taining the  amount  on  which  the  duties  are  to  be  assessed. 
But  no  cost  of  transportation  by  sea  or  land,  or  other  expenses 
incurred  after  the  merchandise  shall  have  left  the  interior 
country  from  which  it  was  exported  to  the  United  States,  as 
above  defined,  will  be  treated  as  dutiable  charges. 

The  dutiable  value  of  all  goods,  wares,  or  merchan- 
dise imported  in  packages,  as  a  general  rule,  embraces  the 
cost  of  the  cask,  box,  bag,  bottle,  or  other  envelope  or  cover- 
ing, when  so  purchased ;  but  it  is  to  be  observed  that  in  all 
cases  where  the  envelope  or  covering  has  been  purchased,  or 
furnished,  separate  from  the  contents,  the  cost  of  such  enve- 
lope or  covering  must  be  added  to  the  value  of  the  contents. 
In  cases,  however,  where  the  envelope,  whether  containing 
dutiable  or  free  articles,  shall  be  of  a  character  or  description 
not  ordinarily  used  in  commerce  in  the  conveyance  of  similar 
articles,  questions  may  arise  as  to  the  bearing  of  the  revenue 
laws  in  reference  to  such  importation  ;  and  on  the  occurrence 
of  cases  of  this  description,  the  facts  are  to  be  reported  to  this 
department  for  its  consideration  and  decision.  When  the  im- 
portation is  of  free  goods,  and  no  such  question  is  presented, 
the  envelope  will  be  equally  entitled  to  free  entry  with  its 
contents.      Gen.  Reg.  Art.  305-311. 

§  323.  Cash  of  American  manufacture  exported  empty 
from  the  United  States,  and  afterward  imported  filled  with 
molasses,  are  not  entitled  to  entry  free  of  duty ;  and,  gener- 
ally, all  bags,  boxes,  casks,  or  other  envelopes,  manufactured 


REGULATIONS,  ETC.,  UNDER  THE  TARIFF  LAWS.   215 

in  the  United  States  of  domestic  or  foreign  materials,  export- 
ed empty  and  returned  filled,  or  exported  filled  and  returned 
empty,  are,  on  importation  into  the  United  States,  liable  to 
duty,  not  being  in  the  same  condition  as  when  exported,  as 
required  by  the  provisions  of  schedule  I  of  the  existing  tariff 
in  order  to  be  entitled  to  exemption  from  duty.  Treas.  Decis- 
ion, Aug.  21,  1858. 

§  324.  Cotton  azotique,  or  gun  cotton.  —  This  article  may 
be  classed  either  as  a  "fulminate,"  under  schedule  E,  or 
treated  as  unenumerated.  In  either  case  it  is  entitled  to  en- 
try at  15  per  cent.     Ibid.  Aug.  5,  1858. 

§  325.  Cotton,  manufactures  of.  —  By  the  second  section  of 
the  tariff  act  of  March  3,  1857,  "  all  manufactures  composed 
wholly  of  cotton,  which  are  bleached,  printed,  painted,  or  dyed, 
are  transferred  to  schedule  C."  On  appeals  from  the  decisions 
of  collectors  under  this  provision,  it  has  been  determined,  that 
cotton  vestings  and  cotton  fringes;  cotton  cords  or  corduroys, 
velveteens,  moleskins,  dreadnoughts,  and  repellent  moleskins ; 
ginghams  ;  cotton  tapes  ;  cotton  thread  ;  cotton  laces,  cotton  vel- 
vet ribbons ;  cotton  velvets  in  the  piece ;  cotton  hosiery,  and 
generally  all  articles  composed  wholly  of  cotton,  which  are 
bleached,  printed,  or  dyed,  whether  specially  enumerated  in 
the  tariff  act  of  1846  or  not,  are  liable  under  the  existing  tariff 
act  to  a  duty  of  24  per  cent.  The  following  extract  from  a 
Treasury  decision  under  date  of  October  21, 1857,  on  an  appeal 
from  a  decision  subjecting  "  velvets  in  the  piece,  composed 
wholly  of  cotton  "  to  duty  under  schedule  C,  presents  the  views 
of  the  department  on  this  subject  very  briefly  and  clearly:  — 

"The  1st  section  of  the  act  of  3d  March,  1857,  reduces  the 
duties  upon  the  articles  enumerated  in  the  several  schedules 
in  the  tariff  of  1846,  with  certain  '  exceptions,'  and  the  first  of 
these  exceptions  is  contained  in  the  2d  section  of  that  act, 
which  provides  that  '  all  manufactures  composed  wholly  of 
cotton,  which  are  bleached,  printed,  painted,  or  dyed,'  shall  be 
transferred  to  schedule  C. 

"  The  language  of  this  provision  is  very  comprehensive  and 
unambiguous.  There  is  no  reservation  or  limitation  imposed 
in  the  law  itself,  and  the  department  can  impose  none.  In 
view  of  the  positive  direction  of  the  statute,  the  only  points  to 
be  determined  in  the  cases  under  consideration  are,  is  the  fab- 
ric in  question  a  '  manufacture  composed  wholly  of  cotton  ? " 
and  is  it  '  bleached,  printed,  painted,  or  dyed  ?  '  It  being  a 
manufacture  wholly  of  cotton,  and  dyed,  it  must  be  held  to  be 
transferred,  by  the  2d  section  of  the  act  of  1857,  to  schedule 


216      REGULATIONS,  ETC.,  UNDER  THE  TARIFF  LAWS. 

C,  and  subject  to  duty  at  the  rate  of  24  per  cent." —  See  also 
Treas.  Decisions,  July  30,  Aug.  11  and  12,  and  Oct.  6,«14,  15, 
and  21,  1858. 

§326.  Cotton  and  linen  fabrics.  —  On  an  importation  of 
snow-drop  damask  —  a  fabric  composed  of  cotton  and  linen  — - 
duty  was  exacted  at  the  rate  of  24  per  cent.,  on  the  ground 
that  one  of  the  component  materials  of  the  article  was  cotton 
"bleached,"  and  that  the  tariff  act  of  1842  provided  that  "on 
all  articles  manufactured  from  two  or  more  materials  the  duty 
shall  be  assessed  at  the  highest  rate  at  which  any  of  the  com- 
ponent materials  may  be  chargeable."  But  the  decision  of 
the  collector  was  overruled  by  the  department  on  the  ground 
that  the  2d  section  of  the  tariff  act  of  1857  provided  for  the 
transfer  to  schedule  C  only  of  articles  composed  wholly  of  cot- 
ton, and  this  article  being  composed  of  cotton  and  linen,  it 
remained  chargeable  under  schedule  D,  with  a  duty  of  19  per 
cent.,  as  a  manufacture  of  cotton  not  otherwise  provided  for. 
The  same  rule  was  applied  in  the  case  of  tapes,  composed  of 
cotton  and  linen,  and  also  in  the  case  of  cotton  and  linen  tow- 
els.    Treas.  Decisions,  Oct.  6  and  12,  1858. 

§  327.  Cotton  and  worsted  fabrics.  —  Certain  manufactures 
of  cotton  and  worsted,  denominated  fobonrgs,  worsted  and  cot- 
ton twills,  printed  merinos  of  cotton  and  worsted,  having  been 
charged  with  duty  at  the  rate  of  24  per  cent.,  as  "  delaines," 
the  decision  of  the  collector  was  overruled  by  the  department, 
and  they  were  admitted  to  entry  as  "  manufactures  of  worsted, 
or  of  which  worsted  shall  be  a  component  material,  not  other- 
wise provided  for,"  at  19  percent.  —  it  being  held  that  the 
term  delaines  was  generally,  if  not  exclusively,  confined,  in 
the  language  of  commerce,  to  plain  manufactures,  and  the  ar- 
ticles in  question  being  twilled.     Ibid.  Sept.  21,  1858. 

§  328.  Crochet  needles.  —  Needles  termed  crochet  needles, 
not  being  considered  as  sewing,  darning,  or  knitting  needles, 
provided  for  in  schedule  E,  are  chargeable  with  duty  as  man- 
ufactures of  metal  under  schedule  C.     Ibid.  Dec.  31,  1847. 

§  329.  Delaines.  —  The  2d  section  of  the  tariff  act  of  3d 
March  last  provides  "  that  all  manufactures  composed  wholly 
of  cotton  which  are  bleached,  printed,  painted  or  dyed,  and  de- 
laines," shall  be  transferred  to  schedule  C ;  and  the  question 
is  now  presented,  whether,  under  this  phraseology,  the  article 
known  as  "  mousseline  de  laine,"  as  well  as  that  known  sim- 
ply as  "  delaines "  is  thus  transferred  to  schedule  C,  and 
made  dutiable  at  the  rate  of  24  per  cent.  In  the  opinion  of 
the  department  it  is  transferred  to  that  schedule  by  force  of 


217 

this  provision,  and  subjected  to  duty  at  the  rate  of  24  per  cent. 
That  it  has  long  been  commercially  known  as  a  "delaine" 
will  not,  it  is  believed,  be  questioned,  and  the  term  "  delaines," 
used  in  the  act  directing  the  transfer,  can  receive,  in  the  opin- 
ion of  the  department,  no  other  construction  than  as  embracing 
all  fabrics,  of  whatever  material  composed,  so  known  and  des- 
ignated in  commercial  parlance  at  the  date  of  the  act.  Ibid. 
July  18,  1857. 

§  330.  Discounts.  —  No  discount  can  be  allowed  unless  it 
appear  on  the  invoice ;  but  if  so  appearing,  although  not  de- 
ducted, it  may  be  allowed,  provided  it  do  not  reduce  the  value 
below  the  general  market  value  at  the  period  of  exportation. 
Under  these  restrictions,  discounts  may  be  allowed  in  respect 
to  goods  shipped  on  manufacturers'  account,  as  well  as  in  case 
of  goods  actually  purchased.  In  cases  also  where  it  is  the 
well-established  custom  of  trade  to  regulate  the  price  of  an 
article  by  the  quantity  purchased,  the  appraising  officer  may 
take  that  consideration  into  account  in  determining  the  value. 
{Treas.  Decisions,  Feb.  1,  1856.)  —  But  discounts  depending 
upon  contingencies,  as  where  it  appeared  by  an  invoice  that 
an  importer  would  be  entitled  to  a  deduction  of  2^-  per  cent, 
for  'prompt  payment,  can  not  be  admitted.  {Ballard  and  al.  v. 
Thomas,  19  Howard,  382.)  Where  collectors  have  reason  to 
believe  that  a  discount  is  made  on  an  invoice  to  offset  the  com- 
mission, which  the  law  requires  in  all  cases  to  be  added,  they 
are  instructed  to  institute  the  proper  legal  proceedings  against 
the  party  so  attempting  to  defraud  the  revenue.  Treas.  Reg. 
Oct.  6,  1853. 

§  331.  Drawbacks  or  bounties.  —  In  the  case  of  an  impor- 
tation of  dry  fish  from  the  French  colony  of  Miquelon,  where 
the  invoice  value  included  the  bounty  allowed  by  the  French 
government,  it  was  decided  by  the  department  that  such  boun- 
ty did  not  constitute  a  part  of  the  dutiable  value  of  the  fish, 
and  that  it  might  be  deducted,  provided  the  deduction  did  not 
reduce  the  invoice  below  the  actual  market  value  at  the  pe- 
riod of  exportation.  {Treasury  Decision,  Feb.  1,  1856.)  —  So 
the  drawback  allowed  by  the  British  government  on  the  ex- 
portation of  printed  books  may  be  deducted  if  it  appear  on 
the  invoice  as  a  drawback  actually  allowed  in  the  purchase. 

§  332.  Duties.  —  To  constitute  an  importation  on  which 
duties  attach,  there  must  be  a  voluntary  arrival  within  the 
limits  of  the  United  States,  of  a  collection  district,  and  of  a 
port  of  entry,  with  intent  to  unlade  the  cargo ;  and  it  is  on 
such  an  arrival,  and  not  the  entry  of  the  goods  at  the  custom 
19 


218      REGULATIONS,   ETC.,   UNDER  THE  TARIFF  LAWS. 

house,  that  the  duties  accrue.  All  importations  liable  by  law 
to  duties,  are  so  liable  for  legal  duties  unpaid  at  any  time  after 
their  entry  as  before,  although,  through  an  erroneous  construc- 
tion of  law  or  treasury  regulations,  by  collectors  or  subordinate 
officers,  or  from  any  other  cause,  they  may  have  been  brought 
into  the  United  States,  or  passed  the  custom  house,  without 
the  payment  of  the  duties  imposed  by  law.  Treas.  Reg.  Feb. 
1,  1856. 

All  duties  are  required  to  be  paid  in  the  gold  and  silver 
coins  of  the  United  States,  or  in  such  foreign  coins  as  are 
allowed  by  law  to  be  received  in  payment  thereof. 

§  333.  Effects,  personal  and  household.  —  The  exemption 
of  household  and  personal  effects  from  duty  extends  only  to 
household  effects  which  have  been  in  use  in  the  family  for  at 
least  one  year,  and  to  such  only  of  the  personal  effects  as  have 
been  in  actual  use  abroad  or  in  the  United  States,  by  the  per- 
sons owning  them  prior  to  the  shipment  from  the  foreign  port. 
Plate  and  other  household  effects  must  have  been  in  use  abroad 
one  year,  to  entitle  them  to  free  entry ;  and  the  initials  or  other 
marks  of  plate  are  not  to  be  considered  as  proof  of  its  having 
been  so  used.  But  household  and  personal  effects,  not  mer- 
chandise, of  citizens  of  the  United  States  dying  abroad,  are 
not  confined  to  such  as  may  have  been  in  use  for  that  or  any 
particular  period  of  time.  Persons  visiting  foreign  countries 
on  pleasure  or  business,  and  purchasing  dutiable  articles,  for 
themselves  or  others,  are  placed  on  the  same  footing  as  to  lia- 
bility to  duties  with  residents  of  the  United  States  who  may 
send  formal  orders  for  the  purchase  and  importation  of  such 
merchandise.     Treas.  Reg.  Feb.  1,  1857. 

§  334.  Engravings.  —  Colored  engravings  are  not  entitled 
to  entry  under  the  provisions  of  schedule  G.,  but  are  subject 
to  duty,  as  unenumerated  articles,  at  15  per  cent.     Ibid. 

§  335.  Error  in  the  assessment  of  duties. —  Where  the  cor- 
rection of  such  errors  is  claimed  without  proof  of  protest,  as 
required  in  all  other  claims  for  return  of  excess  of  duty  paid, 
such  claim  cannot  be  entertained  and  considered  by  the  de- 
partment, unless  it  appear  by  the  certified  statement  of  the 
collector  that  it  has  been  presented  to  the  collector  within  one 
year  from  the  time  of  payment  of  the  duties  alleged  to  have 
been  exacted  in  error.     Ibid.  Feb.  1,  1856. 

§  336.  Felt,  adhesive,  for  sheathing  vessels.  —  The  exemption 
from  duty  under  the  provision  in  schedule  I  only  applies  to 
the  article  of  "  adhesive  felt,"  and  only  to  that  article  when  it 
is  intended  to  be  used  in  sheathing  vessels.     Accordingly  it 


REGULATIONS,   ETC.,  UNDER  THE  TARIFF  LAWS.      219 

was  held  under  the  tariff  act  of  1846,  (Treas.  Decision,  Dec. 
31,  1847,)  that  an  article  denominated  "patent  asphalted  roof- 
ing felt,"  was  liable  to  duty,  as  unenuraerated ;  and  under  the 
act  of  1857  it  has  been  decided  that  an  article  designated 
•  Wood's  patent  dry  or  boiler  felt,"  composed  of  hair  cleansed 
and  compressed,  and  also  an  article  denominated  "  felt,"  com- 
posed of  like  material,  uncombined  with  tar  or  pitch,  are  liable 
to  duty  as  manufactures  of  hair  under  schedule  D.  Treas. 
Decisions,  Aug.  25,  1857,  and  April  3,  1858. 

§  337.  Filberts.  —  It  was  claimed  that  filberts  were  en- 
titled to  entry  under  the  tariff  act  of  1857,  as  "fruit,  green, 
ripe,  or  dried,"  at  a  duty  of  8  per  cent. ;  but  the  department 
decided  that  they  were  embraced  in  the  classification  of  "  nuts 
not  otherwise  provided  for,"  in  schedule  C,  and  liable  to  duty 
at  the  rate  of  24  per  cent.     Ibid.  Aug.  28,  1857. 

§  338.  Flannels.  —  Certain  fabrics  of  wool,  of  the  same 
texture  as  the  ordinary  white  flannel  of  commerce,  but  woven 
in  plaids  or  printed  in  colors,  were  charged  with  duty  as  man- 
ufactures of  wool  not  otherwise  provided  for ;  but  the  depart- 
ment held  that  the  coloring  and  printing  did  not  change  the 
distinctive  character  of  the  articles,  and  that  they  were  entitled 
to  entry  at  a  duty  of  19  per  cent.,  under  the  provision  for 
"  baizes,  bookings,  flannels,  and  floorcloths,  of  whatever  ma- 
terial composed  not  otherwise  provided  for."  Ibid.  Sept.  1 
and  4,  1857. 

§  339.  French  sand.  —  It  was  claimed  that  sand  imported 
from  France  to  be  used  for  the  manufacture  of  glass,  was 
entitled  to  entry  at  4  per  cent,  under  the  provision  of  the 
20th  section  of  the  act  of  August  30,  1842,  as  being  an  un- 
enumerated  article  bearing  a  similitude  in  use  to  clay.  But 
it  was  decided  by  the  department  that  though  clay  might  be 
used  for  the  manufacture  of  glass-makers'  crucibles,  it  did  not 
enter  into  the  composition  of  glass,  and  that,  the  similitude  thus 
failing,  the  article  must  be  referred  to  the  classification  of  min- 
eral substances  in  a  crude  state,  not  otherwise  provided  for, 
or  be  regarded  as  an  unenumerated  article,  liable  in  either 
case  to  a  duty  of  15  per  cent.     Ibid.  April  27,  1858. 

§  340.  Garancine.  —  Free  entry  of  this  article  was  claimed 
as  "madder  ground  or  prepared,"  but  the  department  con- 
sidered it  a  product  obtained  from  the  madder  root  by  a  chem- 
ical process,  and  decided  it  to  be  liable  to  duty  as  an  "  extract 
of  madder,"  under  schedule  H.     Ibid.  Oct.  28,  1857. 

§  341.  Glass,  cut. — This  includes  glass  tumblers,  having 
the  entire  surface  or  bottom  smoothed  or  polished,  or  their 


220   REGULATIONS,  ETC.,  UNDER  THE  TARIFF  LAWS. 

sides  figured  or  ornamented  by  cutting  or  grinding.  Binns  v. 
Lawrence,  12  Howard,  9.  It  also  includes  "optical  disks," 
being  circular  plates  of  glass,  the  edges  of  which  are  ground, 
cut,  or  polished,  designed  for  object  glasses  of  telescopes.  — 
Treas.  Decision,  Aug.  5,  1858. 

§  342.  Glass,  painted,  colored,  or  stained,  specified  in  sched- 
ule C,  is  regarded  as  comprehending  such  articles  of  glass, 
the  chief  value  of  which  consists  in  the  painting,  coloring,  or 
staining,  and  not  in  the  cutting.  Glass,  colored,  stained,  or 
painted,  not  being  "window  glass"  within  the  meaning  and 
intent  of  the  law,  is  not  entitled  to  entry  under  the  provisions 
of  schedule  E,  but  liable  to  duty  as  provided  in  schedule  C. 
Glass,  porcelain,  specified  in  schedule  C,  is  held  to  comprehend 
all  articles  actually  porcelain  glass,  whether  the  same  be  cut 
or  otherwise.  No  decision  of  this  department  has  recognized 
as  "window  glass,"  entitled  to  entry  at  a  duty  of  15  per  cent, 
ad  valorem,  any  other  than  the  broad,  crown,  or  cylinder  glass, 
specified  in  schedule  E.  Glass  ground  on  one  side  must  be 
taken  as  a  "manufacture  of  glass,"  provided  for  in  schedule  C ; 
and  if  "colored  or  stained,"  it  is  found  in  the  same  schedule, 
charged  with  a  duty  of  24  per  cent,  ad  valorem.  Ibid.  Dec. 
31,  1847,  and  Feb.  1,  1857. 

§  343.  Gomline.  —  This  article  is  not  entitled  to  entry  as 
"  gum  substitute,"  not  being  in  fact  that  article,  but  the  albu- 
men of  commerce,  chargeable  with  15  per  cent.,  unenumer- 
ated.     Ibid.  Feb.  1,  1857. 

§  344.  Goods,  the  growth,  production,  or  manufacture  of 
the  United  States.  —  Exemption  from  duty  is  accorded  to  all 
articles  the  growth,  production,  or  manufacture  of  the  United 
States,  exported  to  a  foreign  country,  and  brought  back  in  the 
same  condition  as  when  exported,  on  due  proof  of  identity  in 
the  manner  prescribed  by  law.  Under  this  clause  of  the  tariff 
act,  it  was  held,  in  a  recent  case  in  the  Circuit  Court  of  the 
United  States  for  the  District  of  Massachusetts,  (  Whitney  vs. 
Peaslee,)  that  the  process  of  bleaching,  drying,  dressing,  and 
printing  an  article  of  gray  cloth,  of  foreign  manufacture,  in  this 
country,  so  changed  it  from  its  original  or  raw  state,  as  to 
make  it  a  new  article  of  commerce,  and  convert  it  into  a  man- 
ufacture of  the  United  States.  But  it  is  also  held  by  the 
treasury  department  that,  in  order  to  entitle  an  article  of  the 
growth  or  manufacture  of  the  United  States  to  free  entry  on 
reimportation,  it  must  be  in  the  same  condition  as  when  ex- 
ported, and  that  casks  exported  to  Cuba,  and  there  filled  with 
molasses,  are  not  entitled  to  free  entry  on  their  return  to  the 


REGULATIONS,   ETC.,   UNDER   THE   TARIFF   LAWS.      221 

United  States  thus  filled,  not  being  in  the  same  condition  as 
when  exported.     Treas.  Decision,  Aug.  21,  1858. 

§  345.  Goods  of  foreign  production  or  manufacture,  on 
which  duties  may  have  been  paid  on  original  importation  into 
the  United  States,  if  exported  therefrom  and  brought  back,  are 
again  liable  to  duty  on  such  reimportation,  and  every  subse- 
quent reimportation,  —  the  exemption  in  case  of  goods  reim- 
ported  only  extending  to  the  productions  or  manufactures  of 
the  United  States.     Ibid.  Feb.  1,  1856. 

§  346.  Ground  pea,  or  peanut.  —  It  was  claimed  that  this 
article  was  entitled  to  entry  under  the  provision  for  "  fruit, 
green,  ripe,  or  dried,"  at  a  duty  of  8  per  cent. ;  but  the  depart- 
ment decided  that  it  could  not  be  brought  within  this  clas- 
sification, but  must  be  referred  to  the  classification  in  schedule 
E,  of  "  berries,  vegetables,  and  flowers,  not  otherwise  provided 
for,"  or  be  treated  as  unenumerated,  and  charged  with  duty, 
in  either  case,  at  15  per  cent.     Ibid.  Aug.  4,  1858. 

§347.  Hemp  carpeting. — An  article  invoiced  as  Dutch 
carpeting  made  of  Manila  hemp,  or  jute,  was  charged  with 
duty  at  24  per  cent.,  under  the  provision  in  schedule  C,  for 
"  carpets,  and  carpeting,  being  either  Aubusson,  Brussels,  in- 
grain, Venetian,  or  any  other  similar  fabric."  But  this  decis- 
ion was  overruled  by  the  department,  on  the  ground  that  the 
term  "  similar  fabric  "  had  reference  as  well  to  the  material 
as  the  mode  of  manufacture,  and  that  an  article  composed  of 
hemp  or  jute,  could  not  properly  be  regarded  as  a  fabric  simi- 
lar to  one  composed  of  wool.  Hemp  and  jute  carpetings  were 
therefore  held  to  be  admissible  to  entry  at  15  per  cent.,  as 
manufactures  of  hemp,  or  articles  not  specially  provided  for,  — 
unless  combined  to  a  greater  or  less  extent  with  cotton,  when 
they  were  decided  to  be  chargeable  with  a  duty  of  19  per  cent., 
as  manufactures  of  cotton  not  otherwise  provided  for,  under 
schedule  D.     Ibid.  March  1,  1858. 

§  348.  Hemp  cloth,  Manila.  —  This  article,  being  distinct 
in  its  commercial  character  from  "  grass  cloth,"  as  known  in 
trade,  is  held  to  be  entitled  to  entry  as  a  manufacture  of  hemp, 
or  an  unenumerated  article,  at  a  duty  of  15  per  cent.  Ibid, 
Feb.  1,  1857. 

§  349.  Horse  hair,  cleansed,  and  partly  prepared  by  cutting 
and  smoothing,  for  further  manufacture,  is  not  entitled  to  entry 
under  schedule  G,  but  is  liable  to  duty  as  an  unenumerated 
article  at  15  per  cent.     Ibid. 

§  350.  Household  effects,  though  in  use  abroad  for  the  time 
prescribed  by  the  regulations  of  the  department,  can  not  be 


222      REGULATIONS,   ETC.,   UNDER   THE   TARIFF  LAWS. 

admitted  to  free  entry  unless  accompanying  the  owner,  not 
being  embraced  under  schedule  I  of  the  tariff  act  as  "  house- 
hold effects  of  persons  arriving  in  the  United  States."  A 
piano  is  a  household  effect ;  and  if  the  conditions,  prescribed  as 
requisite  for  the  admission,  free,  of  household  effects,  are  satis- 
fied, the  article  may  be  admitted  free  of  duty.     Ibid. 

§  351.  Iodine.  —  This  article,  under  a  judicial  decision,  ac- 
quiesced in  by  the  department,  is  entitled  to  entry  as  an  unenu- 
merated  article,  at  15  per  cent.     Ibid. 

§  352.  Japan  wax.  —  The  importers  claimed  to  enter  an 
article  invoiced  as  Japan  wax,  being  a  wax  of  vegetable  origin, 
at  a  duty  of  8  per  cent.,  as  a  soap  stock  ;  but  the  department 
held  it  to  be  unenumerated,  and  chargeable  with  duty  at  15 
per  cent.     Ibid.  April  6,  1858. 

§  353.  Junk,  old.  —  Pieces  of  rope,  not  old,  composed  of 
Manila  hemp,  can  not,  as  claimed  by  the  importer,  be  admitted 
to  free  entry  as  old  junk,  but  become  liable  to  duty,  as  pro- 
vided by  law,  as  an  unenumerated  article.  Ibid.  June  30, 1857. 

§  354.  Jute  carpeting.  — Held  by  the  department  to  be  an 
unenumerated  article,  chargeable  with  duty  at  15  per  cent., 
unless  combined  with  cotton,  when  it  is  chargeable  with  a  duty 
of  19  per  cent.,  as  a  manufacture  of  cotton.  Ibid.  June 
16,1858. 

§  355.  Leather,  glazed.  —  An  article  denominated  "  glazed 
calf  skins,"  was  entered  under  the  classification  of  "  leather, 
upper,  of  all  kinds,"  provided  for  in  schedule  E.  The  collect- 
or charged  it  with  duty  at  19  per  cent.,  as  "japanned  leather." 
The  department  decided  that  the  terms  "  patent,"  "  japanned," 
and  "  glazed,"  as  applied  to  leather  or  skins,  were  synonymous, 
and  that  the  article  was  properly  chargeable  with  duty  under 
the  provision  for  "japanned  leather  and  skins  of  all  kinds,"  in 
schedule  D.     Ibid.  Oct.  26, 1857. 

§  356.  Leeches.  —  The  tariff  act  of  1846  provided  specifi- 
cally for  leeches,  under  schedule  E.,  and  they  were  not  trans- 
ferred from  that  schedule,  by  name,  in  the  act  of  1857  ;  but  the 
department  decided  that  the  comprehensive  terms  "  animals, 
living,  of  all  kinds,"  used  in  schedule  I  of  the  latter  act,  must 
be  held  to  include  leeches,  and  it  was  accordingly  determined 
that  they  were  entitled  to  free  entry.     Ibid.  Aug.  25,  1857. 

§  357.  Limes,  salted.  —  An  importation  of  green  limes,  pre- 
served in  salt  and  water,  was  charged  with  the  duty  of  24  per 
cent,  imposed  on  capers,  pickles,  &c,  enumerated  in  schedule 
C.  But  the  department  decided  that  in  this  form  they  could 
not  be  regarded  as  "  pickles,"  but  must  be  considered  as  en- 


REGULATIONS,   ETC.,   UNDER  THE   TARIFF  LAWS.      223 

titled  to  entry  at  a  duty  of  15  per  cent.,  as  not  otherwise  pro- 
vided for.     Ibid.  Sept.  3,  1858. 

§  358.  Machinery,  or  other  articles,  imported  for  use  in  any 
manufacturing  establishment  or  for  sale,  though  belonging  to  a 
person  arriving  in  the  United  States,  are  not  exempt  from  duty 
under  the  provision  in  schedule  I ;  and  generally  machines  or 
machinery,  if  worked  by  other  than  manual  power,  are  not  to 
be  considered  as  "tools  of  trade."     Ibid.  Feb.  1,  1857. 

§  359.  Machinery  of  American  manufacture,  returned  to  the 
United  States  for  repairs,  may  be  admitted  free  of  duty  if  in 
such  state  or  condition  as  to  be  satisfactorily  identified,  as  pre- 
scribed by  the  law  and  instructions  of  this  department.  Parts 
of  machinery  alleged  to  be  of  American  manufacture,  exported 
from  the  United  States,  and  brought  back  for  the  purpose  of 
being  repaired,  are  not  entitled  to  free  entry,  being  parts  only 
of  the  original  exportation  repacked  in  new  cases,  and  no  means 
of  identification  remaining  by  the  outward  manifests.  Old 
machinery  of  American  manufacture,  broken  up  and  so  im- 
ported, is  not  entitled  to  free  entry,  not  being  brought  back  in 
the  same  condition  as  when  exported,  but  is  chargeable  with  a 
duty  of  24  per  cent.,  as  "  old,  or  scrap  iron,"  under  schedule  C  of 
the  tariff  act  of  1857.     Ibid,  and  April  20,  1858. 

§  360.  Melado.  —  Melado  is  a  manufacture  from  the  juice 
of  the  sugar  cane  by  boiling,  thus  producing  a  sirup  superior 
in  quality  to  molasses.  Concentrated  melado  is  held  to  be 
a  manufactured  sugar  in  a  green  state,  and  is  produced  by 
boiling  the  melado  to  the  point  of  crystallization.  On  this  arti- 
cle, when  imported  from  Cuba  or  Porto  Rico,  the  usual  duty, 
levied  by  the  authorities  of  those  islands  on  exports,  must  be 
added  to  the  general  market  value  of  the  article,  to  make  up 
its  dutiable  value  on  importation  into  the  United  States.  Ibid. 
Feb.  1,  1857. 

§  361.  Molasses,  concentrated.  —  The  article  imported  under 
this  designation,  being  brought  by  the  process  of  manufacture 
to  the  point  of  crystallization,  is  to  be  considered  an  inferior 
sugar,  and  is  to  be  so  taken  in  the  appraisement,  ascertainment, 
and  estimate  of  the  foreign  general  market  value  of  the  article. 
The  Cuban  authorities  treat  it  as  an  inferior  sugar,  and  levy  an 
export  duty  of  72±  per  cent,  of  87£  cents  for  each  500  pounds. 
Ibid. 

§  362.  Musical  instruments.  —  It  has  been  decided  by  the 
department,  {Feb.  1,  1857,)  that  parts  of  musical  instruments, 
or  articles  appertaining  thereto,  not  applicable  to  any  other  pur- 
pose, were  entitled  to  entry  under  the  provision  for  "  musical 


224      REGULATIONS,   ETC.,   UNDER  THE  TARIFF  LAWS. 

instruments  of  all  kinds,"  in  schedule  E ;  but  it  is  presumed 
that  this  decision  was  not  intended  to  be  extended  further  than 
to  embrace  the  parts  of  a  particular  instrument,  which  might  be 
imported  at  different  times,  and  which,  when  combined,  would 
form  one  instrument.  Consequently,  articles  appertaining  to 
musical  instruments,  such  as  bows,  tail-pieces,  bridges,  &c,  for 
violins,  and  mouth-pieces,  or  keys  for  wind  instruments,  are 
chargeable  with  duty  according  to  the  material  of  which  com- 
posed. 

§  363.  Naphtha,  crude.  —  An  article  denominated  "crude 
naphtha,"  obtained  by  the  distillation  of  bituminous  coals,  was 
charged  with  duty,  under  schedule  C,  as  a  volatile  oil;  but  the 
department  held  that  it  must  be  treated  as  an  unenumerated 
article,  liable  to  duty  at  15  per  cent.  Treas.  Decision,  June 
21,  1858. 

§  364.  Ostrich  feathers.  — These  feathers,  imported  in  the 
condition  in  which  they  are  taken  from  the  bird,  without  having 
been  cleansed,  prepared,  or  manufactured  in  any  way,  are  en- 
titled to  entry,  as  unenumerated,  at  a  duty  of  15  per  cent. 
Ibid.  Feb.  1,  1856. 

§  365.  Painting,  enameled.  —  It  was  claimed  that  an  article 
called  "  Geneva  enameled  painting,"  being  an  enameled  paint- 
ing on  a  metallic  base,  designed  for  a  brooch  or  breastpin,  was 
entitled  to  entry  free  of  duty,  under  the  classification  of  paint- 
ings and  statuary.  But  the  department  decided  that  the  article 
was  not  commercially  known  or  recognized  as  a  "painting," 
and  not  being  specially  provided  for,  was  liable  to  a  duty  of  15 
per  cent.     Ibid.  May  3,  1858. 

§  366.  Paintings  in  frames.  —  While  paintings  are  entitled 
to  free  entry,  yet  their  frames  are  exempted  from  duty  only 
when  they  are  of  inconsiderable  value,  and  obviously  designed 
only  for  the  preservation  of  the  painting  from  injury  during  its 
transportation  ;  if  otherwise,  the  frames  will  be  subjected  to 
duty.     Ibid.  Feb.  1,  1857. 

§  367.  Paintings  on  glass,  china,  fyc.  —  A  question  has  re- 
cently been  presented  to  the  department  in  regard  to  the  ex- 
emption from  duty  of  certain  articles  claimed  to  be  "  paintings," 
and  as  such  falling  within  schedule  I  of  the  tariff.  It  is  de- 
cided by  the  department,  that  the  "  painting "  referred  to  in 
that  schedule,  as  entitled  to  free  entry,  must  be  an  object  of 
taste  recognized  as  a  painting  in  the  usual  acceptation  of  the 
term;  and  that  paintings  on  glass  specially  provided  for  in 
schedule  C ;  on  porcelains,  alabaster,  china,  marble,  plaster,  or 
similar  materials ;  on  plates,  goblets,  vases,  or  any  other  uten- 


EGULATTONS,  ETC.,  UNDER  THE  TARIFF  LAWS.   225 

sil ;  or  paintings  capable  of  being  converted  into  breastpins, 
eardrops,  or  other  ornaments  to  be  worn  on  the  person,  —  are 
not  entitled  to  free  entry  under  the  law.   Ibid.  June  30,  1857. 

§  368.  Peppers,  salted.  —  On  an  importation  of  salted  pep- 
pers, duty  was  charged  at  24  per  cent.,  as  on  "  pickles,"  pro- 
vided for  in  schedule  C.  But  the  department  decided  that 
they  did  not  fall  within  that  classification,  and  were  entitled  to 
entry  at  15  percent.,  as  non-enumerated.     Ibid.  Oct.  30,  1857. 

§  369.  Percussion  caps.  —  The  article  so  known  in  trade, 
is  chargeable  with  duty  at  15  per  cent.,  under  the  provision 
for  "fulminates  and  fulminating  powders,"  in  schedule  E. 

§  370.  Photographic  views,  being  daguerreotypes  on  paper, 
and  neither  paintings  nor  engravings,  as  provided  for  in  the 
tariff,  are  chargeable  as  unenumerated  articles.  Treas.  De- 
cision, Feb.  1,  1856. 

§371.  Platina. —  It  being  satisfactorily  ascertained  that 
this  article  is  never  imported  into  the  United  States  in  an  ab- 
solutely crude  state,  it  has  been  decided  by  the  department 
that  the  exemption  from  duty  provided  in  schedule  I  of  the 
tariff  act,  of  platina  unmanufactured,  extends  to  and  compre- 
hends platina  imported  either  in  ingots  or  in  the  form  of  sheets, 
used  in  the  manufacture  of  retorts  and  other  vessels,  or  in  the 
form  of  wire  used  by  dentists  in  the  manufacture  of  pivots  for 
artificial  teeth ;  and  generally  to  the  substance  platina,  in  any 
shape  or  form  not  constituting  an  article  suitable  for  use  with- 
out further  manufacture.     Ibid.  Feb.  1,  1857. 

§  372.  Potash,  chlorate  of.  —  Held  by  the  department  to 
be  embraced  in  the  classification  of  salts,  and  preparations  of 
salts,  in  schedule  E,  and  chargeable  with  duty  at  15  per  cent. 
Ibid.  Aug.  25,  1857. 

§  373.  Pulu.  —  This  article  is  prepared  from  the  fibers  of 
a  plant  found  in  the  Hawaiian  Islands,  and  being  principally, 
if  not  exclusively,  used  for  beds,  mattresses,  and  cushions,  is 
chargeable  with  duty  under  the  provision  for  hair  curled, 
moss,  seaweed,  &c,  in  schedule  E.     Ibid.  Aug.  5,  1858. 

§  374.  Presents  to  persons  or  institutions  in  the  United 
States,  brought  or  sent  from  foreign  countries,  are  not  exempt 
from  duty  under  the  existing  laws.     Ibid.  Feb.  1,  1857. 

§  375.  Salacine  is  chargeable,  as  a  medicinal  preparation, 
with  a  duty  of  24  per  cent.     Ibid. 

§  376.  Samples  of  goods.— The  class  of  articles  under  this 
title,  considered  by  the  department  as  admissible  free  of  duty, 
must  be  only  such  as  small  strips  or  pieces  of  silk,  cotton,  or 
other  fabric ;  small  quantities  of  raw  material,  and,  generally, 


226      REGULATIONS,  ETC.,   UNDER   THE   TARIFF   LAWS. 

articles  of  any  description  having  little  or  no  intrinsic  value 
as  merchandise,  in  regard  to  which  the  proper  officers  of  the 
customs,  in  their  examinations,  are  to  exercise  a  reasonable 
discretion ;  it  being  understood  that  articles  of  a  certain  value, 
although  imported  under  the  designation  of  samples,  such  as 
pieces  of  carpeting,  which  from  their  size  and  form  are  suita- 
ble for,  and  sold  as,  rugs  or  bedsides,  &c,  can  not  be  exempted 
from  the  payment  of  duty.     Ibid. 

§  377.  Shawls  and  scarfs. —  Shawls,  whether  of  worsted, 
worsted  and  silk,  worsted  and  cotton,  silk,  merino,  barege, 
mousseline  de  laine,  or  other  material,  and  scarfs  of  silk  or  other 
material,  are  wearing  apparel,  and  therefore  subject  to  duty 
under  schedule  C.  Shawls  or  scarfs,  manufactured  on  looms, 
and  imported  in  the  piece,  containing  several,  the  place  of 
separation  being  indicated  by  threads,  and  suitable  to  be  worn 
by  men,  women,  and  children,  come  within  the  description  of 
wearing  apparel,  under  the  tariff  act,  and  are  chargeable  with 
duty  as  such.     Ibid. 

§  378.  Sheathing  metal.  —  This  classification  is  held  by  the 
department  to  include  zinc  in  sheets  of  the  requisite  dimen- 
sions for  sheathing  vessels,  and  designed  expressly  for  that 
use.     Ibid.  Oct.  28,  18,57. 

§  379.  Shingles.  —  Held  by  the  department  to  be  manu- 
factures of  wood,  liable  to  duty  at  24  per  cent.,  under  sched- 
ule C.     Ibid. 

§  380.  Silver  plate,  manufactured  for  and  imported  by  a 
person  residing  in  the  United  States,  though  not  for  sale,  but 
for  his  own  private  use,  is  not  thereby  exempted  from  duty. 

§  381.  Old  gold  and  silver,  unfit  on  importation  for  use 
without  remanufacture,  or  rendered  so  by  being  broken  up  in 
the  presence  of  the  United  States  appraisers,  with  the  con- 
currence of  the  importer,  may  be  delivered  to  the  importer 
free  of  duty  as  "  bullion,"  under  the  provision  of  schedule  L 
Ibid.  Feb.  1,  1857. 

§  382.  Sheep  skins,  with  the  wool  on,  become  liable,  under 
the  decisions  of  courts  of  the  United  States,  to  a  duty  of  15 
per  cent.,  as  unenumerated  articles,  and  if  dyed  or  colored,  and 
thus  fitted  for  use  as  mats,  rugs,  or  other  completed  article, 
liable,  as  manufactures  of  wool,  to  a  duty  of  24  per  cent. 
Ibid. 

§  383.  Soda,  caustic.  —  It  was  claimed  that  this  article  was 
entitled  to  entry  at  a  duty  of  4  per  cent,  as  soda  ash ;  or  as  a 
non-enumerated  article  applicable  to  the  same  uses  as  soda 
ash.     But  the  department  held  that  the  similitude  failed,  —  it 


REGULATIONS,  ETC.,  UNDER  THE  TARIFF  LAWS.   227 

being  necessary  to  convert  soda  ash  into  caustic  soda  before 
it  could  be  applied  to  the  purposes  of  that  article,  and  that 
duty  must  be  assessed  on  it,  as  not  provided  for,  at  15  per 
cent.     Ibid.  March  2,  1858. 

§  384.  Statuary.  —  The  term  statuary,  as  used  in  the  law, 
is  understood  to  be  confined  in  its  application  to  "figures  rep- 
resenting living  or  deceased  creatures,  of  whatever  species, 
real  or  imaginary,  in  full  relievo,  insulated  on  every  part," 
and  which  may  be  formed  of  marble,  plaster,  bronze,  galvan- 
ized zinc,  or  other  material  appropriate  to  the  composition  of 
an  "  object  of  taste."  Sculptures  of  figures,  in  mezzo  relievo, 
can  not,  therefore,  consistently  with  the  construction  of  the 
law  given  by  this  department,  be  admitted  to  free  entry. 
Medallions  are  not  statues,  nor  are  they  exempted  by  any  ex- 
isting law  from  duty.     Ibid.  Feb.  1,  1856. 

§  385.  Statuettes,  Bisque,  Parian,  China,  fyc,  are  regarded 
as  properly  coming  within  the  provision  for  statuary,  when 
they  conform  to  the  definition  of  that  term  as  above  given. 
Ibid.  Oct.  29,  1858. 

§  386.  Steel.  —  Provision  is  made  by  law  for  "steel  in 
bars,  cast,  shear,  or  german,"  at  a  duty  of  12  per  cent.,  and 
for  all  other  steel  at  a  duty  of  15  per  cent.  The  term  "ger- 
man "  has  no  reference  to  the  national  character  of  the  import, 
but  relates  to  the  process  of  manufacture  —  german  steel  be- 
ing an  iron  converted  into  blistered  steel,  and  then  tilted  or 
hammered  into  bars.  But  to  be  entitled  to  entry  at  the  lower 
rate,  the  article,  according  to  the  construction  of  the  depart- 
ment, must  have  been  known  in  commerce  at  the  time  of  the 
passage  of  the  tariff  act  of  1846,  either  as  "  cast,  shear,  or 
german,"  and  must  be  imported  in  the  form  of  bars.  It  is 
accordingly  held  that  steel  in  plates,  as  shovel  steel  and  saw 
steel;  steel  in  coils ;  slit  steel,  being  steel  in  plates  cut  into 
strips  ;  steel  in  sheets,  and  spring  steel,  —  the  last  being  usually 
in  bars,  — is  liable  to  duty  at  15  per  cent.,  as  falling  within 
the  classification  of  steel  not  otherwise  provided  for.  Ibid. 
Feb.  1,  1857  ;  June  30,  1857  ;  and  Sept.  10,  1858. 

§  387.  Stone,  water  of  Ayr,  is  liable  to  duty  as  a  polishing 
stone,  as  provided  in  schedule  G.  If  in  octagon  blocks  for 
curriers'  use,  as  whetstones,  it  becomes  liable,  as  unenumer- 
ated,  to  a  duty  of  15  per  cent.     Ibid.  Feb.  1,  1857. 

§  388.  Straw,  twisted.  —  Twisted  straw,  being  the  raw 
material  for  forming  braids,  laces,  plaits,  or  flats,  used  in  the 
manufacture  of  hats  and  bonnets,  is  entitled  to  entry  as  an 
unenumerated  article.     Ibid. 


228 

§  389.  Studs  ordinarily  worn  on  shirt  bosoms,  if  set  with 
pearl  or  precious  stones,  or  imitations  thereof,  are  liable  to 
duty  as  jewelry ;  if  of  gold  or  silver,  or  other  metal,  without 
setting,  they  are  subject  to  duty  as  manufactures  of  metal ;  if 
of  any  other  material  alone,  they  are  to  be  charged  with  the 
rate  of  duty  appropriate  to  such  material,  as  imposed  in  the 
existing  tariff.     Ibid. 

§  390.  Sumac.  —  It  was  claimed  that  sumac  was  entitled 
to  entry  free  of  duty,  under  the  provision  in  schedule  I  for 
"  articles  in  a  crude  state,  used  in  dyeing  or  tanning,  not  other- 
wise provided  for ; "  but  the  department  decided  that  it  did  not 
come  within  this  classification,  not  being  imported  in  a  crude 
state,  having  been  changed  from  its  natural  condition  by  being 
reduced  to  a  powder ;  and  that,  being  enumerated  in  schedule 
H  of  the  tariff  act  of  1846,  and  not  being  transferred  either 
specially  or  by  force  of  the  provision  cited,  it  remained  charge- 
able under  the  existing  act  with  duty  at  the  rate  of  4  per  cent. 
Ibid.  Aug.  28,  1857. 

§  391.  Tamarinds.  —  On  an  importation  of  tamarinds  from 
the  West  Indies,  the  question  arose  whether  they  were  enti- 
tled to  entry  at  a  duty  of  8  per  cent.,  under  the  provision  for 
"  fruit,  green,  ripe,  or  dried,"  or  were  chargeable  with  30  per 
cent.,  as  falling  within  the  classification  of  "comfits,  sweet- 
meats, or  fruit  preserved  in  sugar,  brandy,  or  molasses,"  in 
schedule  B.  It  appearing  that  they  were  not,  when  imported, 
green,  ripe,  or  dried  merely,  but  were  packed  or  preserved  in 
sugar,  the  department  decided  that  they  were  chargeable  with 
30  per  cent.     Ibid.  Aug.  28,  1858. 

§  392.  Tannin.  —  Held  to  be  a  medicinal  preparation,  and 
chargeable  as  such,  under  schedule  C,  with  a  duty  of  24  per 
cent.     Ibid.  Feb.  1,  1857. 

§393.  Teas  from  Singapore.  —  Teas,  the  production  of 
China,  taken  on  board  vessels  of  the  United  States,  or  foreign 
vessels  entitled  to  the  privileges  of  vessels  of  the  United  States, 
from  Chinese  junks,  or  boats,  in  the  Chinese  seas,  are  consid- 
ered, on  being  brought  into  the  United  States,  as  importations 
direct  from  the  country  of  production,  and  consequently  enti- 
tled to  free  entry.  Ibid.  Feb.  18,  1854.  —  But  in  order  to 
entitle  them  to  such  entry,  satisfactory  proof  must  be  presented 
that  such  teas  were  procured  on  board  the  said  Chinese  junks 
or  boats,  and  transferred  directly  to  the  importing  vessel  for  a 
destination  in  the  United  States. 

§  394.  Type,  old,  of  American  manufacture,  re-imported 
from  a  foreign  country,  for  the  purpose  of  being  recast  and 


EEGULATIONS,   ETC.,   UNDER  THE  TARIFF  LAWS.     229 

returned,  is  regarded  as  liable  to  duty  under  the  provision  in 
schedule  E  —  not  being  in  the  same  condition  as  when  ex- 
ported.    Ibid.  Nov.  30,  1853. 

§  395.  Walnuts  in  salt  and  water.  —  On  an  importation  of 
walnuts  in  salt  and  water,  duty  was  charged  at  24  per  cent., 
as  on  "  pickles  ; "  but  the  department  decided  that  in  the  con- 
dition in  which  these  articles  were  imported  they  were  not 
embraced  within  the  term  "  pickles "  as  understood  in  trade, 
and  used  in  the  law,  and  that  they  were  entitled  to  entry  as 
unenumerated,  at  a  duty  of  15  per  cent.  Ibid.  Sent  30,  1858. 
§  396.  Waste  of  silk.  —  The  question  as  to  the  proper  clas- 
sification of  an  article  known  as  "  waste  silk  "  having  been 
presented  to  the  department,  it  was  decided  that  "  waste  silk," 
"  waste  linen,"  or  the  waste  or  clippings  of  any  other  cloth,  or 
hatters'  skins,  should  be  classed  with  "  waste  or  shoddy,"  pro- 
vided for  in  schedule  H.     Ibid.  Feb.  1,  1857. 

§  397.  Watches  and  parts  of  watches.  —  It  was  claimed 
that  "watch  movements"  —  being  the  entire  watch  in  run- 
ning order,  except  the  outer  case  and  crystal  —  were  entitled 
to  entry  as  "  unfinished  parts  of  watches,"  provided  for  in 
schedule  H.  But  the  department  held  that  they  could  not  be 
regarded  as  falling  within  that  classification,  but  were  charge- 
able as  "  parts  of  watches,"  under  the  provision  in  schedule  G. 
'At  the  same  time  it  was  held  that  "  watch  hands,"  "  chain- 
hooks,"  and  other  articles  entering  into  the  construction  of 
watches,  though  finished  in  themselves,  but  not  fitted  or  ad- 
justed to  each  other,  were  entitled  to  entry  as  "  watch  mate- 
rials and  unfinished  parts  of  watches,"  under  schedule  H,  at  a 
duty  of  4  per  cent.     Ibid.  Oct.  26,  1857. 

§  398.  Wood,  green  ebony.  —  Duty  was  charged  on  an 
importation  of  green  ebony,  under  the  provision  for  "  woods, 
cedar,  box,  ebony,"  &c,  in  schedule  G,  at  8  per  cent. ;  but 
the  department  decided  that  the  article,  being  a  dye  wood,  and 
not  a  cabinet  wood,  was  entitled  to  free  entry  under  the  pro- 
vision in  schedule  I,  for  "  Brazil  wood,  Brazilletto,  and  all 
other  dye-woods  in  sticks."     Ibid.  Oct.  31,  1857. 

§399.  Wool.  —  Under  the  provision  exempting  from  duty 
sheep's  wool  unmanufactured,  of  the  value  of  20  cents  per 
pound  or  less  at  the  port  of  exportation,  the  question  has  been 
submitted,  whether,  in  estimating  the  value  in  such  cases, 
the  expenses  of  packing,  commissions,  and  other  charges  in- 
cident to  the  shipment  of  articles  for  exportation,  are  to  be 
included.  The  value  referred  to  in  this  provision  of  the  law 
is  the  current  market  value  or  price  at  which  the  article  in 
20 


230  REGULATIONS,  ETC.,  UNDER  THE  TARIFF  LAWS. 

question  could  be  generally  purchased,  per  pound,  and  does 
not  include  the  charges  and  expenses  mentioned,  or  other 
charges  incurred  in  the  mere  shipment,  or  preparation  for 
shipment,  after  purchase.     Ibid.  April  15,  1857. 

On  a  question  submitted  to  the  department,  it  is  decided, 
that  the  time  at  which  the  value  of  wool  at  the  port  of 
exportation  is  to  be  estimated  with  a  view  to  its  exemption 
from  duty  under  schedule  I  of  the  tariff  act  of  March  3,  1857, 
is  the  date  of  exportation  from  the  foreign  port  for  the  United 
States,  as  provided  by  law  in  reference  to  the  appraisement 
of  imports  for  the  assessment  of  duties.     Ibid.  June  30,  1857. 

§  400.  Wrecks.  —  Merchandise  recovered  from  vessels  sunk 
in  the  waters  of  the  United  States  —  free  entry  of  which  is 
authorized  in  certain  cases  by  the  act  of  March  3,  1843  — 
can  only  be  admitted  to  such  entry  when  the  vessel,  from  which 
it  may  have  been  recovered,  shall  have  been  raised,  either  en- 
tire or  in  parts.     Ibid.  Mag  15,  1845. 

Goods,  wares,  or  merchandise  recovered  from  a  wreck 
out  of  the  limits  of  the  United  States,  on  being  brought 
into  a  port  of  the  United  States,  are  liable  to  duty.  Such 
goods  are  entitled  to  be  admitted  to  entry,  under  the  21st  sec- 
tion of  the  act  of  March  1,  1823,  on  appraisement,  and  with- 
out the  requirement  of  any  invoice. 

The  tackle,  apparel,  furniture,  and  ship  stores  of  a  for- 
eign vessel  wrecked  on  the  coast  of  the  United  States,  on  be- 
ing recovered  and  brought  into  the  ports  of  the  United  States, 
are  entitled  to  free  entry,  not  being  considered  as  goods,  wares, 
or  merchandise  subject  to  duty  within  the  meaning  of  the  law. 
But  the  parts  or  equipments  of  such  a  vessel  wrecked  in  wa- 
ters not  of  the  United  States,  and  brought  into  our  ports,  must 
be  regarded,  on  importation  into  the  United  States,  as  mer- 
chandise, and  liable  to  duty. 

In  the  case  of  an  American  vessel,  however,  wrecked 
either  in  our  own  or  foreign  waters,  the  materials,  equipments, 
&c,  recovered  from  the  wreck,  are  not  regarded,  in  legal  con- 
templation, as  "  goods,  wares,  or  merchandise,"  when  returned 
to  the  person  or  persons  owning  the  vessel,  or  for  the  benefit 
of  the  underwriters  thereon,  and  consequently  are  not  charge- 
able with  duty.  If,  however,  they  have  been  subjects  of  pur- 
chase and  sale  in  a  foreign  port,  they  become  "  merchandise," 
within  the  meaning  of  the  law,  and,  as  such,  liable  to  duty  on 
importation,  according  to  their  classification  under  the  tariff, 
and  value  determined  by  appraisement.     Ibid.  Feb.  1,  1857. 

Accordingly,   where    the    anchors,   chains,   sails,   &c,  of 


REGULATIONS,   ETC,   UNDER  THE  TARIFF  LAWS.     231 

an  American  vessel,  wrecked  on  the  Bahamas,  were  carried 
into  Nassau,  and  there  sold,  and,  being  purchased  by  an  Amer- 
ican citizen,  were  imported  into  the  United  States,  it  was  de- 
cided by  the  department  that  they  were  not  entitled  to  free 
entry,  on  the  ground  that  they  had  by  such  sale  become  a  part 
of  the  merchandise  of  the  foreign  country,  and  were  divested 
of  their  national  character. 

Where  merchandise  or  other  property  is  found  derelict, 
and  brought  into  a  port  in  the  United  States,  the  master 
of  the  vessel,  or  other  person  having  charge  of  the  same, 
can  be  regarded  only  as  a  salvor,  and  not  as  an  owner  or  con- 
signee. It  is  not  conceived,  therefore,  that  he  can  legally 
demand  to  enter  such  merchandise,  or  that  the  collector  can 
properly  grant  him  a  permit  to  receive  the  same.  The  goods 
should  be  regarded  as  "  unclaimed,"  and  as  such  retained  in 
the  custody  of  the  collector  until  the  appropriate  legal  pro- 
ceedings, by  libel  for  salvage  or  otherwise,  have  been  had  in 
the  premises.  There  has  been,  however,  no  decision  of  the 
department  on  this  point. 

§  401.  Zinc,  corrugated.  —  It  was  claimed  that  an  article 
denominated  "  corrugated  zinc"  was  entitled  to  entry  as  zinc  in 
sheets,  under  schedule  F.  But  the  department  decided  that 
the  article  —  being  zinc  rolled  into  sheets  of  the  requisite 
thickness,  and  then  by  a  further  process  of  manufacture  corru- 
gated —  could  not  properly  be  regarded  as  the  article  known 
in  commerce  as  "  zinc  in  sheets,"  but  must  be  treated  as  a 
manufacture  of  zinc,  and  charged  with  duty  at  24  per  cent. 
Treas.  Decision,  Oct.  28,  1857. 

§  402.  Zinc  sheathing.  —  On  the  importation  of  an  article 
denominated  "  sheathing  zinc,"  designed  for  the  sheathing  of 
vessels,  duty  was  charged  at  15  percent.,  as  on  zinc  in  sheets. 
The  importers  claimed  that  it  was  entitled  to  free  entry  under 
the  provision  for  sheathing  metal,  in  schedule  I.  The  depart- 
ment sustained  the  claim,  and  decided,  that  zinc  in  sheets,  of 
the  requisite  dimensions  and  weight,  known  in  commerce  as 
"  zinc  sheathing,"  was  entitled  to  free  entry.    Ibid. 


232 


RECIPROCAL   TRADE   WITH   BRITISH  PROVINCES. 


RECIPROCAL  TRADE  WITH  THE  BRITISH 
PROVINCES. 


§  403.  Schedule  of  Exemptions.  —  Under  the  treaty  be- 
tween the  United  States  and  Great  Britain,  concluded  June  5, 
1854,  and  the  act  of  Congress  of  August  5,  1854,  the  articles 
enumerated  in  the  annexed  schedule,  being  the  growth  and 
production  of  the  British  Provinces  of  Canada,  New  Bruns- 
wick, Nova  Scotia,  Prince  Edward's  Island,  and  Newfound- 
land and  its  dependencies,  are  entitled  to  admission  into  the 
United  States  free  of  duty,  viz. :  — 


Grain  and  breadstuff's  of  all  kinds  ; 

Animals  of  all  kinds ; 

Fresh,  smoked,  and  salted  meats  ; 

Cotton  wool ; 

Seeds  and  vegetables ; 

Undried  fruits ; 

Dried  fruits ; 

Fish  of  all  kinds  ; 

Products  of  fish,  and  of  all  other  crea- 
tures living  in  the  water ; 

Poultry ;  eggs  ; 

Hides,  furs,  skins  or  tails  undressed  ; 

Stone,  or  marble  in  its  crude  or  un- 
wrought  state ; 

Slate ; 


Butter  ;  cheese ;  tallow ;  lard ;  horns  ; 
coal ;  pitch  ;  tar ;  turpentine  ;  ash- 
es ;  timber  and  lumber  of  all  kinds, 
—  round,  hewed,  and  sawed,  un- 
manufactured in  whole  or  in  part; 

Fire-wood ;  plants,  shrubs,  and  trees ; 

Pelts  ;  wool ;  fish  oil ;  rice ; 

Broom  corn,  and  bark  ; 

Gypsum,  ground  or  unground  ; 

Hewn  or  wrought  or  unwrought  burr 
or  grind  stones ; 

Dye-stuffs ; 

Flax,hemp,and  tow  unmanufactured ; 

Unmanufactured  tobacco ; 

Rags. 


§  404.  Proof  of  origin.  —  On  the  importation  of  any  of  the 
articles  enumerated  in  the  foregoing  schedule,  entry  is  to  be 
made  as  in  case  of  merchandise  subject  to  duty ;  and  the  im- 
porter, in  addition  to  his  own  declaration  of  the  origin  of  the 
goods,  is  also  required  to  produce  the  affidavit  of  the  foreign 
owner  or  shipper,  as  to  the  place  of  growth  or  production. 
This  affidavit  must  be  authenticated  by  a  consul  or  consular 
agent  of  the  United  States,  when  there  is  such  an  officer  resi- 
dent at  the  port  of  exportation,  and  in  the  absence  of  such 
officer,  by  two  respectable  merchants  or  inhabitants  of  the 
place.  But  in  case  this  affidavit  can  not  be  produced  at  the 
time  of  entry,  the  merchandise  may  be  admitted  and  delivered 
to  the  importer,  on  due  appraisement,  and  execution  of  bond 
in  double  the  amount  of  estimated  duties,  conditioned  for  the 
production  of  said  affidavit  and  consular  certificate  within  three 
months  thereafter  —  in  default  of  which  the  bond  becomes  for- 


EECIPROCAL  TRADE  WITH  BRITISH   PROVINCES.      233 

feited ;  and,  unless  the  duties,  as  estimated,  be  paid,  is  required, 
like  other  bonds,  to  be  put  in  suit  at  the  expiration  of  twenty- 
days  after  maturity. 

§  405.  Merchandise  only  entitled  to  free  entry  when  import- 
ed directly.  —  It  has  been  decided  by  the  treasury  department 
that  the  reciprocity  treaty  was  intended  to  regulate  a  direct 
reciprocal  trade,  only,  between  the  British  North  American 
Provinces  and  the  United  States,  in  the  specified  articles  of 
their  respective  growth  and  production.  Consequently,  on  an 
application  for  the  free  admission  of  certain  products  of  the 
said  Provinces,  imported  into  the  United  States  from  Havana 
and  London,  it  was  held  that  they  could  not  be  so  admitted, 
not  having  been  imported  directly  therefrom,  but  were  subject 
to  duty  according  to  the  rates  prescribed  by  the  tariff  act  in 
force. 

Decisions  under  the  Treaty. 

On  questions  as  to  liability  to  duty  or  exemption  there- 
from under  the  reciprocity  treaty,  the  following  decisions  have 
from  time  to  time  been  made  by  the  department :  — 

§  406.  Articles  manufactured  in  the  Provinces  from  mate- 
rials the  growth  or  production  of  the  United  States.  —  Articles 
so  manufactured,  not  being  imported  in  the  same  condition  as 
when  exported,  do  not  come  within  the  exemption  from  duty 
under  the  tariff  act,  nor  any  other  law  or  treaty,  and  must  be 
subjected  to  duty  according  to  their  classification.  Gen.  Reg. 
Art.  930. 

§  407.  Barrels.  —  In  a  case  where  oats  from  Canada  were 
imported  in  provision  barrels,  the  department  directed  the 
duty  to  be  paid  on  the  barrels,  the  oats  being  free  under  the 
reciprocity  treaty,  and  the  barrels  not  being  the  description  of 
packages  in  which  the  article  was  usually  imported.  Ibid. 
Art.  928. 

§  408.  Clapboards.  —  The  manufacture  of  the  article  known 
as  clapboards,  in  the  Provinces,  is  understood  to  be,  by  first 
sawing  the  tree  into  logs  of  the  proper  lengths,  and  then 
placing  them  in  the  lathe,  and,  by  turning,  taking  off  the  bark 
and  sap  with  knives  or  cutters  before  sawing  out  the  boards 
of  the  required  thickness,  presenting  a  sawed  surface  on  both 
the  sides  and  the  edges.  This  process  obviously  constitutes  a 
manufacture  of  wood,  and  the  article  so  manufactured,  partly 
by  turning,  is  not  "  lumber,  rough-hewn  or  sawed,"  within  the 
terms  or  meaning  of  the  reciprocity  treaty,  nor  entitled  to  free 
entry.     Ibid.  Art.  929. 


234       RECIPROCAL  TRADE  WITH  BRITISH  PROVINCES. 


§  409.  Flour  manufactured  of  American  wheat  imported 
from  Canada.  —  Flour  manufactured  in  the  British  North 
American  Provinces  out  of  wheat,  the  product  of  the  United 
States,  can  not  be  imported  into  the  United  States  free  of  duty, 
not  being  imported  in  the  same  condition  as  when  exported. 
Neither  can  such  flour  be  imported  into  the  United  States 
free  of  duty  under  the  reciprocity  treaty,  as  it  is  not  an  article 
of  the  "  growth  or  produce  "  of  said  Provinces,  being  manu- 
factured of  wheat,  the  produce  of  the  United  States.  Treas. 
Decision,  Aug.  29,  1858. 

§  410.  Graphite  (plumbago  or  black  lead).  —  That  the  ar- 
ticle in  question  is  not  an  "  ore,"  according  to  the  usual  accep- 
tation of  the  word,  is  fully  shown  by  the  fact  that  it  is  never 
found  to  contain  so  much  metal  as  to  make  it  worth  the  smelt- 
ing. Its  free  entry,  therefore,  has  been  refused.  Treas.  Reg. 
June  30,  1857. 

§  411.  Iron  —  old  scrap  and  railroad  iron.  —  It  has  been 
decided  by  the  department  in  a  recent  case,  that  old  scrap 
iron,  or  broken  or  worn  iron  rails,  from  Canada,  can  not  be 
legally  imported  free  of  duty,  nor  warehoused,  re-rolled  in 
bond,  and  exported  without  payment  of  duties.     Ibid. 

§  412.  Oil,  cod  liver.  —  Cod  liver  oil,  when  imported  in 
bottles  labeled  as  a  medicinal  preparation,  becomes  liable  to 
duty  as  such  under  schedule  C.     Treas.  Reg.  June  30,  1857. 

§  413.  Pearl  barley.  —  Pearl  barley  is  neither  a  grain,  in 
the  meaning  of  the  treaty,  nor  a  breadstuff,  but  is  a  manufac- 
ture from  grain,  being  barley  deprived  of  its  hull,  and  rounded 
and  polished  in  a  mill.  It  is  therefore  liable  to  duty,  under 
the  specification  of  "  pearl  or  hulled  barley,"  in  schedule  E  of 
the  tariff  act.      Gen.  Reg.  Art.  931. 

§  414.  Salaratus.  —  Salaratus  is  not  admissible  to  free  en- 
try, not  coming  within  the  denomination  of  "  ashes  "  specified 
in  the  treaty,  being  a  carbonate  of  potash.     Ibid.  Art.  933. 

§  415.  Split  peas.  —  Split  peas  are  considered  as  a  manu- 
factured article,  and  liable  to  duty.     Ibid.  Art.  935. 

§  416.  Tar,  coal.  —  Tar  manufactured  in  Canada  from 
coal  the  product  of  the  United  States,  is  not  entitled  to  free 
entry,  not  being  an  article  of  the  "  growth  or  produce  "  of  the 
British  Provinces.     Ibid.  Art.  936. 

§  417.  Timber  and  lumber.  —  Articles  of  wood  entered  un- 
der these  or  any  other  designations  remain  liable  to  duty  under 
the  existing  tariff,  if  manufactured  in  whole  or  in  part  by  plan- 
ing, shaving,  turning,  splitting,  or  riving,  or  any  process  of  man- 
ufacture other  than  rough-hewing  or  sawing.    Ibid.  Art.  921. 


INSPECTION  AND  LANDING  OP  GOODS.  235 


INSPECTION  AND  LANDING  OF  GOODS 

§  41 8.  Inspectors  may  be  placed  on  board  vessels  from  for- 
eign ports  on  arrival.  —  It  shall  be  lawful  for  the  collector  of 
any  district  at  which  any  vessel  may  arrive,  and  immediately 
on  her  first  coming  within  such  district,  and  for  the  surveyor 
of  any  port  where  such  vessel  be,  to  put  and  keep  on  board 
such  vessel,  whilst  remaining  within  such  district,  or  in  going 
from  one  district  to  another,  one  or  more  inspectors,  to  exam- 
ine the  cargo,  or  contents,  of  such  vessel,  and  to  superintend 
the  delivery  thereof,  or  of  so  much  thereof  as  shall  be  delivered 
within  the  United  States,  and  to  perform  such  other  duties, 
according  to  law,  as  they  shall  be  directed,  by  the  said  collect- 
or or  surveyor,  to  perform,  for  the  better  securing,  the  collec- 
tion of  the  duties :  Provided,  That  collectors  only  shall  have 
power  to  put  on  board  vessels,  inspectors  to  go  from  one  dis- 
trict to  another.  And  the  said  inspector  or  inspectors  shall 
make  known,  to  the  person  having  the  charge  or  command  of 
such  vessel,  the  duties  he,  or  they,  is,  or  are,  so  to  perform, 
and  shall  suffer  no  goods,  wares,  or  merchandise,  of  any  nature 
or  kind  whatsoever,  to  be  landed  or  unladen,  or  otherwise  taken 
or  removed  from  such  vessel,  without  a  permit,  in  writing, 
from  the  collector  of  the  port,  and  naval  officer  thereof,  where 
any,  first  had  and  granted  for  that  purpose.  Act  March  2, 
1799,  §  53. 

§  419.  Duty  of  inspectors  in  relation  to  delivery  of  cargo. 
—  And  it  shall  be  the  duty  of  the  said  inspector  or  inspectors 
to  attend  to  the  delivery  of  the  cargo  or  cargoes  under  their 
care,  at  all  times  when  the  unlading  or  delivery  of  goods, 
wares,  and  merchandise,  is  lawful,  particularly  from  the  rising 
till  the  setting  of  the  sun,  on  each  day,  Sundays  and  the  fourth 
day  of  July,  in  each  year,  excepted ;  for  which  purpose  they 
shall  constantly  attend  and  remain  on  board  the  vessel  or  ves- 
sels, the  deliveries  from  which  they  are  to  superintend,  or  at 
any  other  stations  where  their  inspection  is  necessary.  Ibid. 
§  420.  Inspector  performing  other  duties  subject  to  disabil- 
ity. Wages  of  inspector  proceeding  from  one  district  to  an- 
other to  be  defrayed  by  master  of  vessel.  —  And  no  inspector  or 
inspectors  shall  perform  any  other  duties  or  service,  on  board 
any  vessel,  the  superintendence  of  which  is  committed  to  him 


236  INSPECTION  AND  LANDING   OP  GOODS. 


or  them,  for  any  person  or  persons  whatever,  other  than 
what  is  required  by  this  act,  under  the  penalty  of  being  dis- 
abled from  acting  any  longer  as  an  inspector  of  the  customs ; 
and  the  wages  and  compensation  of  such  inspector  or  inspect- 
ors, as  may  proceed  from  one  district  to  another,  shall  be  de- 
frayed by  the  master,  or  person  having  the  charge  or  command 
of  the  vessel  committed  to  his  or  their  care ;  and  every  in- 
spector, or  other  officer  of  the  revenue,  while  performing  any 
duty  on  board  any  vessel,  not  in  a  port  of  the  United  States, 
discharging  her  cargo,  shall  be  entitled  to  receive,  from  the 
master  of  such  vessel,  such  provisions  and  accommodations  as 
are  usually  supplied  to  passengers,  or  as  the  state  and  condition 
of  such  vessel  will  admit,  on  receiving  therefor  fifty  cents  per 
diem ;  and  any  master  of  any  vessel,  who  shall  refuse  pro- 
visions and  reasonable  accommodations,  as  aforesaid,  shall 
forfeit  and  pay  one  hundred  dollars.     Ibid. 

§  421.  Collectors  and  other  officers  authorized  to  board, 
examine,  and  search  vessels.  —  It  shall  be  lawful  for  all  collect- 
ors, naval  officers,  surveyors,  inspectors,  and  the  officers  of  the 
revenue  cutters,  to  go  on  board  of  vessels  in  any  port  of  the 
United  States,  or  within  four  leagues  of  the  coast  thereof,  if 
bound  to  the  United  States,  whether  in  or  out  of  their  respec- 
tive districts,  for  the  purposes  of  demanding  the  manifests 
aforesaid,  and  of  examining  and  searching  the  said  vessels; 
and  the  said  officers,  respectively,  shall  have  free  access  to  the 
cabin,  and  every  other  part  of  a  vessel ;  and  if  any  box,  trunk, 
chest,  cask,  or  other  package  shall  be  found  in  the  cabin,  steer- 
age, or  forecastle,  of  such  vessel,  or  in  any  other  place,  separate 
from  the  residue  of  the  cargo,  it  shall  be  the  duty  of  the  said 
officer  to  take  a  particular  account  of  every  such  box,  trunk, 
chest,  cask,  or  other  package,  and  if  he  shall  judge  proper,  to 
put  a  seal  or  seals  thereon ;  and  such  account  shall  be  by  him 
forwarded,  without  delay,  to  the  collector  of  the  district  to 
which  such  ship  or  vessel  is  bound.  And  if,  upon  her  arrival 
at  the  port  of  her  entry,  the  boxes,  trunks,  chests,  casks,  or 
other  packages,  so  described,  or  any  of  them,  shall  be  missing, 
or  if  the  seals  put  thereon  be  broken,  the  master  or  commander 
of  such  ship  or  vessel  shall  forfeit  and  pay,  for  every  such  box, 
trunk,  chest,  cask,  or  other  package,  so  missing,  or  of  which  the 
seals  shall  be  broken,  the  sum  of  two  hundred  dollars.  Ibid.  §54. 

§  422.  Hatches  to  be  secured  by  inspectors  before  leaving 
vessel.  Penalty  for  breaking  or  removing  lock.  —  And  it  shall 
also  be  lawful  for  the  inspectors  who  may  be  put  on  board  of 
any  such  vessel  (and  they  are  hereby  required  and  enjoined 


INSPECTION  AND  LANDING  OF  GOODS.  237 

so  to  do)  to  secure,  after  sunset  in  each  evening,  or  previous 
to  their  quitting  the  vessel,  the  hatches  and  other  communica- 
tions with  the  hold  of  such  vessel,  or  any  other  part  thereof  he 
or  they  may  judge  necessary,  with  locks  or  other  proper  fas- 
tenings, which  locks  or  other  fastenings  shall  not  be  opened, 
broken,  or  removed  until  the  morning  following,  or  after  the 
rising  of  the  sun,  and  in  the  presence  of  the  inspector  or  in- 
spectors by  whom  the  same  shall  have  been  so  affixed,  except 
by  special  license  from  the  collector  of  the  port,  and  naval 
officer  thereof,  if  any,  for  that  purpose  first  had  and  obtained. 
And  if  the  said  locks  or  other  fastenings,  or  any  of  them,  shall 
be  broken  or  removed,  during  the  night,  or  before  the  said 
rising  of  the  sun,  or  without  the  presence  of  the  said  inspector 
or  inspectors,  or  without  such  license  first  had  and  obtained,  or 
if  any  goods  or  packages  shall  be  clandestinely  landed,  notice 
thereof  shall  be  immediately  given,  by  the  inspector  or  inspect- 
ors, to  the  collector  and  naval  officer  of  the  district,  port,  or 
place  where  the  vessel  may  be  ;  and  the  master,  or  other  per- 
son having  the  charge  or  command  of  any  such  ship  or  vessel, 
shall,  for  each  and  every  of  the  offenses  aforesaid,  forfeit  and 
pay  the  sum  of  five  hundred  dollars.     Ibid. 

§  423.  No  goods  to  be  landed  without  permit.  —  On  the  en- 
try of  any  goods,  wares,  or  merchandise,  imported  from  any 
foreign  port  or  place,  made  and  presented  in  the  manner 
already  described,  the  collector  is  required  to  decide  whether 
the  same  be  liable  to  duty  or  exempted  therefrom,1  and  if  he 
be  of  opinion  that  they  are  liable  to  duty,  then,  in  conjunction 
with  the  naval  officer  where  there  is  one,  or  alone  where  there 
is  none,  he  shall  make  a  gross  estimate  of  the  amount  of  the 
duties  on  the  goods,  wares,  or  merchandise,  to  which  the  entry 
of  any  owner  or  consignee  shall  relate,  which  estimate  shall  be 
indorsed  upon  such  entry,  and  signed  by  the  officer  or  officers 
making  the  same.  And  the  amount  of  the  said  estimated 
duties  having  been  first  paid,  or  secured  to  be  paid,  [if  the  en- 
try be  for  warehousing,]  the  said  collector  shall,  together  with 
the  naval  officer  where  there  is  one,  or  alone  where  there  is 
none,  grant  a  permit  to  land  the  goods,  wares,  and  merchandise, 
whereof  entry  shall  have  been  so  made,  and  then,  and  not  be- 
fore, it  shall  be  lawful  to  land  the  said  goods ;  and  no  goods, 
wares,  or  merchandise  shall  be  delivered  by  any  inspector,  or 
other  officer  of  the  customs,  that  shall  not  fully  agree  with  the 
description  thereof  in  such  permit.     Ibid.  §  49. 

i  Act  March  3,  1857,  §  5. 


238  INSPECTION   AND   LANDING   OF   GOODS. 

§  424.  No  goods  to  be  unladen  except  in  open  day.  —  No 
goods,  wares,  or  merchandise,  brought  in  any  ship  or  vessel 
from  any  foreign  port  or  place,  shall  be  unladen  or  delivered 
from  such  ship  or  vessel,  within  the  United  States,  but  in  open 
day,  that  is  to  say,  between  the  rising  and  setting  of  the  sun, 
except  by  special  license  from  the  collector  of  the  port,  and 
naval  officer  of  the  same,  where  there  is  one,  for  that  purpose, 
nor  at  any  time  without  a  permit  from  the  collector,  and  naval 
officer,  if  any,  for  such  unlading  or  delivery.1     Ibid.  §  50. 

§  425.  No  goods  to  be  removed  until  weighed,  gauged,  fyc.  — 
No  goods,  wares,  or  merchandise,  brought  in  any  ship  or  ves- 
sel from  any  foreign  port  or  place,  requiring  to  be  weighed, 
gauged,  or  measured,  in  order  to  ascertain  the  duties  there- 
upon, shall,  without  the  consent  of  the  proper  officer,  be  re- 
moved from  any  wharf,  or  place,  upon  which  the  same  may  be 
landed  or  put,  before  the  same  shall  have  been  so  weighed, 
gauged,  or  measured ;  and,  if  spirits,  before  the  proof,  or  qual- 
ity and  quantity,  thereof  is  ascertained  and  marked  thereon, 
by  or  under  the  direction  of  the  proper  officer  for  that  pur- 
pose ;  and  if  any  such  goods,  wares,  or  merchandise  shall  be 
removed  from  such  wharf  or  place,  unless  with  the  consent  of 
the  proper  officer  had  and  obtained,  before  the  same  shall  have 
been  so  weighed,  gauged,  or  measured  ;  and,  if  spirits,  before 
the  proof,  or  quality  and  quantity,  shall  have  been  so  ascer- 
tained and  marked,  the  same  shall  be  forfeited,  and  may  be 
seized  by  any  officer  of  the  customs  or  inspection.     Ibid.  §  51. 

§  426.  Goods  entered  for  appraisement,  and  goods  damaged 
on  the  voyage,  to  be  deposited  in  warehouse.  —  All  goods,  wares, 
or  merchandise,  of  which  entry  shall  have  been  made  incom- 
plete, or  without  the  specification  of  particulars,  either  for  want 
of  the  original  invoice  or  invoices,  or  for  any  other  cause,  or 
which  shall  have  received  damage  during  the  voyage,  to  be 
ascertained  by  the  proper  officers  of  the  port  or  district  in 
which  the  said  goods,  wares,  or  merchandise  shall  arrive,  shall 
be  conveyed  to  some  warehouse  or  storehouse,  to  be  designated 
by  the  collector,  in  the  parcels  or  packages  containing  the 
same,  there  to  remain,  with  due  and  reasonable  care,  at  the 
expense  and  risk  of  the  owner  or  consignee,  under  the  care  of 
some  proper  officer,  until  the  particulars,  cost,  or  value,  as  the 
case  may  require,  shall  have  been  ascertained,  either  by  the 
exhibition  of  the  original  invoice  or  invoices  thereof,  or  by  ap- 
praisement, in  manner  provided,  and  until  the  duties  thereon 

l  This  applies  as  well  to  free  goods  as  to  goods  subject  to  duty. 


INSPECTION   AND   LANDING   OF   GOODS.  239 

shall  have  been  paid,  or  secured  to  be  paid,  and  a  permit 
granted  by  the  collector  for  the  delivery  thereof.     Ibid.  §52. 

§  427.  Goods  remaining  on  board  after  a  limited  time,  to  be 
taken  possession  of  by  collector.  —  If,  at  the  expiration  of  fifteen 
working  days,1  after  the  entry  of  the  vessel,  there  shall  be  found 
on  board  any  goods,  wares,  and  merchandise,  other  than  shall 
have  been  reported  for  some  other  district,  or  some  foreign 
port  or  place,  the  inspector,  or  inspectors,  shall  take  possession 
thereof:  Provided,  That  with  the  consent  of  the  owner  or  con- 
signee of  any  goods,  wares,  or  merchandise,  or  with  the  consent 
of  the  owner  or  master  of  the  vessel,  in  which  the  same  may 
be  imported,  the  said  goods,  wares,  or  merchandise  may  be 
taken  possession  of,  at  any  time,  after  five  days'  notice  to  the 
collector  of  the  district.2  And  the  said  goods  shall  be  kept 
with  due  and  reasonable  care,  at  the  charge  and  risk  of  the 
owner  or  owners  thereof,  for  the  term  of  one  year,3  and  if  with- 
in that  time  no  claim  be  made  for  the  same,  the  said  collector 
shall  cause  them  to  be  sold  at  public  auction,  (first  giving  no- 
tice of  such  intended  sale  in  one  or  more  of  the  public  news- 
papers, printed  at  or  nearest  to  the  port  or  place  where  the 
sale  is  to  be,  for  the  space  of  one  month,)  and  retaining  the 
duties  thereon,  and  all  charges,4  shall  pay  the  overplus  into 
the  treasury  of  the  United  States,  there  to  remain  for  the  use 
of  the  owner  or  owners,  who  shall,  upon  due  proof  of  his,  her, 

1  "When  the  capacity  of  any  vessel,  arriving  with  a  cargo  from  a  foreign 
port,  shall  exceed  three  hundred  tuns,  the  term  for  unlading  shall  be  twenty 
days  from  the  report  of  arrival,  Sundays  excepted.  Act  March  3,  1821.  By 
an  act  passed  August  1,  1854,  it  is  provided  that  in  the  case  of  vessels  pro- 
pelled in  whole  or  in  part  by  steam,  the  collector  may  take  possession  of  the 
merchandise  remaining  on  board  at  the  expiration  of  three  days,  or  forth- 
with, if  it  appear  by  the  bills  of  lading  that  there  was  an  agreement  that  the 
cargo  should  be  landed  immediately  on  arrival. 

2  The  notice  here  referred  to  is  commonly  known  as  the  "five  days'  re- 
quest." It  is  usual  to  make  this  request  on  the  entry  of  the  vessel,  and  the 
permit  issued  under  it  is  called  the  "  General  order."  The  issue  of  this  or- 
der is  within  the  discretion  of  the  collector,  and  he  may  grant  it  or  xefuse  it, 
according  to  the  proprieties  of  the  case  ;  or  he  may  require,  {Gen.  Reg.  Art. 
539,)  as  a  condition  of  granting  it,  the  right  to  order  the  vessel  to  be  removed 
at  the  expense  of  the  owner,  to  such  wharf  or  pier,  as  may  be  most  con- 
venient for  unlading  the  goods  and  for  their  safe  and  economical  storage. 

3  Except  perishable  goods,  gunpowder  and  other  explosive  substances, 
which  shall  be  sold  forthwith.  The  collector  is  also  authorized  by  the  act 
of  March  28,  1854,  to  sell,  upon  due  notice,  any  other  unclaimed  goods, 
whenever,  from  depreciation  in  value,  damage,  leakage,  or  other  cause,  the 
same  may  be  likely,  in  his  opinion,  to  prove  insufficient  to  meet  the  duties 
and  charges,  if  suffered  to  remain  in  public  store  for  the  whole  period  allowed 
by  law. 

4  Freight  from  the  foreign  port  to  the  United  States  is  not  to  be  included 
among  these  charges.  For  this  the  shipowner  must  look  to  the  consignee 
or  consignor. 


240  INSPECTION   AND   LANDING   OF   GOODS. 

or  their  property,  be  entitled  to  receive  the  same ;  and  the  re- 
ceipt or  certificate  of  the  collector  shall  exonerate  the  master, 
or  person  having  the  charge  or  command  of  any  ship  or  vessel, 
in  which  such  goods,  wares,  and  merchandise  were  imported, 
from  all  claim  of  the  owner  or  owners  thereof.     Ibid.  §  5Q. 

§  428.  Exception  in  respect  to  vessels  laden  with  salt  and 
coal.  —  The  said  limitation  of  fifteen  days  shall  not  extend  to 
vessels  laden  with  salt  or  coal ;  but  if  the  master  or  owner  of 
any  such  vessel  requires  a  longer  time  to  discharge  her  cargo, 
the  wages,  or  compensation  of  the  inspector,  for  every  day's 
attendance,  exceeding  the  said  fifteen  days,  shall  be  paid  by 
the  said  master  or  owner :  and  thereupon,  the  collector  is  au- 
thorized and  required  to  allow  such  longer  time  as,  in  his 
judgment,  he  may  think  necessary  to  discharge  such  cargo, 
not  exceeding  fifteen  days.  And  if,  by  reason  of  the  delivery 
of  the  cargo  in  several  districts,  more  than  the  said  term  of 
fifteen  working  days  shall,  in  the  whole,  be  spent  therein,  the 
wages  or  compensation  of  the  inspector  or  inspectors,  who  may 
be  employed  on  board  of  any  ship  or  vessel,  in  respect  to 
which  such  term  may  be  so  exceeded,  shall,  for  every  day  of 
such  excess,  be  paid  by  the  said  master  or  owner ;  and  it  shall 
be  the  duty  of  such  inspectors,  previously  to  the  clearance  of 
such  ship  or  vessel,  to  render  an  exact  account  to  the  collector 
of  all  such  compensation  as  shall  have  been  paid,  or  shall  be 
due  and  payable,  by  such  master  or  owner.     Ibid. 

§  429.  When  delivery  of  goods  is  completed,  return  to  be  made 
by  inspector.  —  When  the  delivery  of  goods,  wares,  and  mer- 
chandise, from  on  board  of  any  vessel,  shall  have  been  com- 
pleted, copies  of  the  accounts  or  entries,  which  shall  have  been 
kept  or  made  thereof,  by  the  officer  or  officers  who  shall  have 
been  charged  with  the  said  deliveries,  shall  be  returned  to  the 
collector  of  the  district,  and  naval  officer  of  the  same,  if  any 
there  be,  within  three  days  after  such  delivery  hath  been  com- 
pleted, if  at  the  port  where  such  officer  or  officers  reside,  and 
if  at  any  other  port,  as  soon  as  the  nature  of  the  case  will 
admit,  not  exceeding  fifteen  days  ;  and  the  accounts  or  entries 
to  be  returned  as  aforesaid,  shall  comprise  all  deliveries  made 
pursuant  to  permits  as  aforesaid,  and  all  packages  or  merchan- 
dise sent  to  the  public  stores  ;  also,  each  and  every  package 
remaining  on  board  of  such  ship  or  vessel,  for  the  purpose  of 
being  exported  therein  to  a  foreign  port  or  place,  or  to  some 
other  district  of  the  United  States.     Ibid.  §  55. 

§  430.  Wlien  the  goods  do  not  agree  with  manifest,  master 
liable  to  penalty,  but  post  entry  may  be  allowed  in  certain 


INSPECTION  AND  LANDING  OF  GOODS.  241 

cases.  —  If  any  package  whatever,  which  shall  have  been  re- 
ported, shall  be  wanting,  and  not  found  on  board  such  vessel, 
or  if  the  goods,  wares,  and  merchandise,  on  board  such  vessel, 
shall  otherwise  not  agree  with  the  report  or  manifest  delivered 
by  the  master,  or  other  person  having  the  charge  or  command 
of  any  such  vessel,  in  every  such  case  the  master,  or  other 
person  having  such  charge  or  command,  shall  forfeit  and  pay 
the  sum  of  five  hundred  dollars  :  Provided,  nevertheless,  That 
if  it  shall  be  made  to  appear,  to  the  satisfaction  of  the  collector, 
naval  officer,  and  surveyor,  or  to  the  major  part  of  them,  where 
those  officers  are  established  at  any  port,  or  to  the  satisfaction 
of  the  collector  alone,  where  neither  of  the  said  others  is  estab- 
lished, or,  in  case  of  trial  for  the  said  penalty,  to  the  satisfac- 
tion of  the  court,  that  no  part  whatever  of  the  goods,  wares,  or 
merchandise,  of  such  ship  or  vessel,  has  been  unshipped,  landed, 
or  unladen,  since  it  was  taken  on  board,  except  as  shall  have 
been  specified  in  the  said  report,  or  manifest,  and  pursuant  to 
permits  as  aforesaid,  or  that  the  said  disagreement  is  by  acci- 
dent or  mistake,  in  such  case  the  penalty  aforesaid  shall  not 
be  inflicted  ;  but  in  all  cases  as  aforesaid,  the  master,  or  per- 
son having  charge  or  command  of  any  vessel,  shall  be  required 
and  shall  make  a  post  entry  or  addition  to  the  report  or  mani- 
fest by  him  delivered,  of  any  and  all  goods,  wares,  or  merchan- 
dise, omitted  to  be  included  and  reported  in  such  manifest; 
and  it  shall  not  be  lawful  to  grant  a  permit  to  unlade  any  such 
goods,  wares,  or  merchandise,  so  omitted,  before  such  post  en- 
try, or  addition,  to  such  report  or  manifest,  has  been  made. 
Ibid.  §  57. 

§  431.  Weighers,  gangers,  and  measurers  to  make  returns  to 
collector  within  three  days.  —  The  weighers,  gaugers,  and 
measurers,  employed  in  the  service  of  the  revenue,  shall, 
within  three  days  after  any  vessel  is  discharged,  make  returns 
of  the  articles  by  them  respectively  weighed,  gauged,  or  meas- 
ured, out  of  such  vessel.  And  the  said  returns  shall  be  made 
by  the  weighers,  gaugers,  and  measurers,  in  books,  to  be  pre- 
pared by  them  for  that  purpose,  and  kept  in  the  custom  houses. 
Ibid.  §  72. 

§  432.  No  goods  to  be  delivered  to  importer  until  invoice 
shall  have  been  reported  on  by  appraiser ;  unless  importer  en- 
ter into  bond  to  redeliver.  —  No  goods  liable  to  be  inspected 
or  appraised  shall  be  delivered  from  the  custody  of  the  officers 
of  the  customs  until  the  same  shall  have  been  inspected  or 
appraised,  or  until  the  packages  sent  to  be  inspected  or  ap- 
praised shall  be  found  correctly  and  fairly  invoiced  and  put 
21 


242  INSPECTION   AND  LANDING   OP   GOODS. 

up,  and  so  reported  to  the  collector :  Provided,  That  the  col- 
lector may,  at  the  request  of  the  owner,  importer,  consignee, 
or  agent,  take  bond,  with  approved  security,  in  double  the 
estimated  value  of  such  goods,  conditioned  that  they  shall  be 
delivered  to  the  order  of  the  collector,  at  any  time  within  ten 
days  after  the  package  or  packages,  sent  to  the  public  stores, 
shall  have  been  appraised  and  reported  to  the  collector.1  And 
if,  in  the  mean  time,  any  of  the  said  packages  shall  be  opened 
without  the  consent  of  the  collector  or  surveyor,  given  in  writ- 
ing, and  then  in  the  presence  of  one  of  the  inspectors  of  the 
customs,  or  if  the  said  package  or  packages  shall  not  be  deliv- 
ered to  the  order  of  the  collector,  according  to  the  condition 
of  the  said  bond,  the  bond  shall,  in  either  case,  be  forfeited. 
Act  May  28,  1830,  §  4. 

§  433.  Goods  ordered  for  examination,  when  and  how  de- 
livered. —  In  cases  where  this  bond  is  executed,  the  importer 
is  entitled  to  receive  the  merchandise  described  in  his  entry, 
and  take  the  same  into  his  own  possession,  excepting  only  the 
packages  ordered  to  public  store  for  inspection  and  appraise- 

1  The  bond  here  provided  for,  is  sometimes  known  as  the  "penal  bond." 
Formerly  it  was  taken  on  every  entry  of  merchandise,  when  the  importer 
desired  to  obtain  possession  of  any  part  of  the  goods,  before  the  requisite 
examinations  were  completed,  but  "  to  obviate  the  inconvenience  expe- 
rienced by  merchants  "  largely  engaged  in  business,  in  giving  on  each  im- 
portation a  special  bond,  authority  was  granted  to  collectors  of  the  customs, 
by  the  late  Secretary  of  the  Treasury,  Mr.  Guthrie,  to  take  in  lieu  thereof 
a  general  bond,  running  for  a  period  not  exceeding  six  months.  The  condi- 
tion of  this  bond  —  and  the  special  and  general  bond  do  not  differ  in  this 
respect  —  is  as  follows,  viz. :  — 

Whereas ■ has  this  day  made  entry  of  certain  goods,  wares, 

and  merchandise,  imported  in  the ,  from . 

And  whereas  the  collector  of  the  port  of  has  designated  the  pack- 
ages or  quantities,  as  required  by  the  laws  of  the  United  States,  as  follows : 
(here  describe  the  packages -or  quantities  on  board  to  be  examined  ;)  out  of 
the  invoice  of  said  goods,  wares,  and  merchandise,  to  be  opened  and  exam- 
ined according  to  law,  and  has  caused  the  same  to  be  sent  for  that  purpose 
to  the  public  stores. 

And  whereas  the  residue  of  said  goods,  wares,  and  merchandise,  men- 
tioned in  the  said  entry  has,  at  the  request  of  said  importer,  been  deliv- 
ered to . 

Now  the  condition  of  the  above  obligation  is  such,  that  if  the  said  im- 
porter shall  redeliver  the  residue  of  the  said  goods  to  the  order  of  the  col- 
lector, provided  he  shall  require  the  same  at  any  time  within  ten  days  after 
the  packages  or  quantities,  so  as  aforesaid  sent  to  the  public  store  or  desig- 
nated for  appraisement,  shall  have  been  appraised  and  reported  to  the  col- 
lector ;  and  also,  if,  in  the  mean  time,  the  said  packages  or  quantities,  all 
and  every  of  them,  so  delivered  as  aforesaid,  shall  not  be  opened  or  changed 
without  the  consent  of  the  collector,  given  in  writing,  and  then  in  the  pres- 
ence of  one  of  the  inspectors  of  the  customs,  then  this  obligation  to  be  void ; 
otherwise  to  remain  in  full  force  and  virtue. 

Sealed  and  delivered  in  the 
presence  of— 


INSPECTION  AND  LANDING   OF   GOODS.  243 

ment.  These  are  retained  in  the  possession  of  the  govern- 
ment until  the  examinations  required  by  law  are  completed, 
and  the  invoice  returned  to  the  collector  by  the  appraiser, 
when  if  the  report  of  the  appraiser  be  satisfactory,  they  are 
delivered  to  the  importer  on  a  special  order  for  that  purpose. 

§  434.  Resort  to  be  had  to  bond,  when.  —  When,  however, 
an  advance  is  made  by  the  appraiser  on  the  entered  value  of 
any  merchandise,  upon  which  duties  have  been  paid,  the  in- 
creased amount  of  duty  accruing  by  reason  of  such  advance 
must  be  collected  of  the  owner  or  importer  within  ten  days 
after  the  appraisement  shall  have  been  completed  and  reported 
to  the  collector.  If  the  duties  on  such  advance  be  not  prompt- 
ly paid  on  demand  of  the  collector,  he  will  require  the  restora- 
tion to  his  own  custody  of  the  merchandise  which  has  been 
delivered  on  bond,  for  such  further  examination  as  may  be 
necessary,  and  to  enable  him  to  realize  the  duties  on  the  in- 
creased value  found  by  appraisement ;  and  if  it  be  not  re- 
turned to  his  custody,  he  will  put  the  bond  in  suit.  Gen.  Reg. 
Art.  237. 

§  435.  Vessel  prevented  by  ice  from  getting  to  port,  may 
discharge  elsewhere.  —  In  all  cases  where  a  vessel  shall  be 
prevented  by  ice  from  getting  to  the  port  or  place  at  which 
her  cargo  is  intended  to  be  delivered,  it  shall  be  lawful  for 
the  collector  of  the  district  in  which  such  vessel  may  be 
obstructed  to  receive  the  report  and  entry  of  such  vessel, 
and,  with  the  consent  of  the  naval  officer,  (where  there  is 
one,)  to. grant  a  permit  or  permits  for  unlading  or  landing 
the  goods,  wares,  and  merchandise  imported  in  such  vessel, 
at  any  place  within  his  district  which  shall  appear  to  him 
most  convenient  and  proper :  Provided  always,  That  the  re- 
port and  entry  of  such  vessel,  and  her  cargo,  or  any  part 
thereof,  and  all  persons  concerned  therein,  shall  be  under  and 
subject  to  the  same  rules,  regulations,  restrictions,  penalties, 
and  provisions,  as  if  the  said  vessel  had  arrived  at  the  port 
of  her  destination,  and  had  there  proceeded  to  the  delivery  of 
her  cargo.1     Act  March  2,  1799,  §  85. 

1  Where  a  vessel  is  prevented  from  reaching  her  port  of  destination  by 
other  obstructions,  such  as  accident  at  sea,  or  insufficient  depth  of  water, 
and  also  where  a  vessel  is  stranded,  and  the  cargo  saved  is  landed  in  a  dis- 
trict other  than  that  for  which  it  was  intended,  the  department  will  apply 
the  provisions  of  this  section,  and  allow  the  goods  to  be  sent  forward,  with- 
out entry,  to  the  port  of  originald  estination.  The  authority  of  the  depart- 
ment must,  however,  be  obtained  in  each  case.    Gen.  Reg.  Art.  973,  974. 


244  PROHIBITIONS. 


PEOHIBITIONS. 

§  436.  Beer,  ale,  porter,  refined  sugar,  and  distilled  spirits, 
not  to  be  imported  in  packages  of  less  than  certain  capacities. 
—  No  beer,  ale,  or  porter,  shall  be  brought  into  the  United 
States  by  sea,  from  any  foreign  port  or  place,  except  in  casks 
or  vessels,  the  capacity  whereof  shall  not  be  less  than  forty 
gallons,  beer  measure,  or  in  packages,  containing  not  less  than 
six  dozen  bottles,  on  pain  of  forfeiture  of  the  said  beer,  ale,  or 
porter,  and  the  ship  or  vessel  in  which  the  same  shall  be 
brought ;  nor  shall  any  refined  lump  or  loaf  sugar  be  imported 
into  the  United  States,  from  any  foreign  port  or  place,  by  sea, 
except  in  ships  or  vessels  of  one  hundred  and  twenty  tuns 
burden,  and  upwards,  and  in  casks  or  packages  containing, 
each,  not  less  than  six  hundred  pounds  weight ; 1  nor  shall 
any  distilled  spirits  (arrack  and  sweet  cordials  excepted)  2  be 
imported,  or  brought  into  the  United  States,  except  in  casks 
or  vessels  of  the  capacity  of  ninety  gallons,  wine  measure,  and 
upwards,  nor  in  casks  or  vessels  which  have  been  marked 
pursuant  to  any  law  of  the  United  States,  on  pain  of  forfeiture 
of  the  said  refined  lump  and  loaf  sugar,  and  distilled  spirits, 
imported  contrary  to  the  provisions  herein  described,  together 
with  the  ship  or  vessel  in  which  they  shall  be  so  imported : 3 

1  This  applies  to  sugars  refined  in  the  United  States,  exported  to  a  foreign 
country  with  benefit  of  drawback,  and  subsequently  brought  back. 

2  By  the  act  of  March  2,  1827,  subsequently  extended  without  limitation 
by  the  act  of  February  27,  1830,  brandy  was  also  excepted  from  the  opera- 
tion of  this  section,  and  its  importation  authorized  in  packages  of  not  less 
than  fifteen  gallons. 

3  It  has  been  made  a  question  whether  the  prohibitions  above  cited  apply 
to  importations  other  than  by  sea  from  the  British  North  American  Prov- 
inces, and  the  department  is  of  opinion  that  they  are  made  applicable  to  such 
importations  by  the  provisions  of  the  106th  section  of  the  general  collection 
law  of  March  2,  1799. 

The  prohibition  in  the  103d  section  of  the  general  collection  law  of  the  2d 
March,  1799,  and  other  acts,  of  the  importation  of  distilled  spirits  and  other 
articles  in  packages  of  less  than  a  prescribed  capacity,  does  not  apply  to 
such  articles  as  are  shown,  by  the  manifest,  bill  of  lading,  and  invoice,  to 
have  been  originally  shipped  in  good  faith  to  parties  residing  in  foreign  ter- 
ritory adjacent  to  the  United  States,  and  intended  merely  to  pass,  in  tran- 
sit, to  their  destination. 

The  103d  section  of  the  act  of  the  2d  of  March,  1799,  forfeits  both  the 
prohibited  packages  and  the  vessel  in  which  imported  ;  and  whenever  seiz- 
ures are  made  to  enforce  the  forfeitures  of  that  section,  they  should  embrace 
both.     Gen.  Reg.  Art.  856-858. 


PROTESTS   AND   APPEALS.  245 

Provided,  That  nothing  contained  in  this  act  shall  be  construed 
to  forfeit  any  spirits  for  being  imported,  or  brought  into  the 
United  States,  in  other  casks  or  vessels  as  aforesaid,  or  the 
ship  or  vessel  in  which  they  shall  be  brought,  if  such  spirits 
shall  be  for  the  use  of  the  seamen  on  board  such  ship  or  ves- 
sel, and  shall  not  exceed  the  quantity  of  four  gallons  for  each 
seaman.     Act  March  2,  1799,  §  103. 

§  437.  Importation  of  indecent  articles,  prints,  fyc,  prohib- 
ited.—  The  twenty-eighth  section  of  the  act  of  Congress, 
approved  the  30th  of  August,  1842,  and  entitled  "  An  act  to 
provide  revenue  from  imports,  and  to  change  and  modify  ex- 
isting laws  imposing  duties  on  imports,  and  for  other  purpo- 
ses," is  amended  as  follows :  The  importation  of  all  indecent 
or  obscene  articles,  prints,  paintings,  lithographs,  engravings, 
images,  figures,  daguerreotypes,  photographs,  and  transpar- 
encies, is  hereby  prohibited,  and  no  invoice  or  package  what- 
ever, or  any  part  thereof,  in  which  any  such  articles  are  con- 
tained, shall  be  admitted  to  entry ;  and  all  invoices  and  pack- 
ages whereof  any  such  articles  shall  compose  a  part,  are  hereby 
declared  to  be  liable  to  be  proceeded  against,  seized,  and  for- 
feited by  due  course  of  law,  and  the  said  articles  shall  be 
forthwith  destroyed.     Act  March  2,  1857,  §  1. 

§  438.  Importation  of  dutiable  goods  in  vessels  belonging  to 
the  navy  illegal.  —  No  officer  or  other  person  connected  with 
the  navy  of  the  United  States  shall,  under  any  pretence,  im- 
port in  any  ship  or  vessel  of  the  United  States  any  goods, 
wares,  or  merchandise  liable  to  the  payment  of  any  duty.1 
Act  July  30,  1846,  §  10. 


PROTESTS  AND  APPEALS. 

§  439.  Duties  illegally  exacted  can  not  be  reclaimed  unless 
paid^  under  written  protest.-— By  an  act  passed  February  26, 
1845,  it  is  provided  that  no  action  shall  be  maintained  against 
any  collector  of  the  customs,  to  recover  any  moneys  paid  to 
such  collector  as  and  for  duties,  unless  such  moneys  are  paid 
under  protest,  made  in  writing,  and  signed  by  the  claimant,  at 

um'-Nj  ullt%'  aS  such'  can  accrue  on  goods,  the  importation  of  which  is  pro- 
hibited  by  law,  nor  can  they  be  entered  at  the  custom  house  or  bonded. 
1  hey  are  forfeited  by  the  importation.     Gen.  Reg.  Art.  358. 


246  PROTESTS  AND  APPEALS. 

or  before  the  payment  of  the  said  duties,  setting  forth  distinct- 
ly and  specifically  the  grounds  of  objection  to  the  payment 
thereof 

§  440.  Right  of  action  limited.  —  By  the  fifth  section  of  the 
tariff  act  of  1857,  it  is  further  provided,  that  the  decision  of 
the  collector  of  customs  at  the  port  of  importation  and  entry, 
shall  be  conclusive,  as  to  the  liability  of  any  goods  to  duty  or 
their  exemption  therefrom,  against  the  importer,  unless  the 
importer  shall,  within  ten  days  after  the  entry  of  such  goods, 
give  notice  to  such  collector,  in  writing,  of  his  dissatisfaction 
with  such  decision,  setting  forth  distinctly  and  specifically  his 
objections,  and  shall  within  thirty  days  after  the  date  of  such 
decision  appeal  therefrom  to  the  secretary  of  the  treasury, 
whose  decision  on  such  appeal  shall  be  final  and  conclusive  ; 
and  the  goods  shall  be  liable  to  duty,  or  exempted  therefrom, 
any  act  of  Congress  to  the  contrary  notwithstanding,  unless 
suit  shall  be  brought  within  thirty  days  after  such  decision  for 
any  duties  that  may  have  been  paid,  or  may  thereafter  be  paid, 
on  said  goods,  or  within  thirty  days  after  the  duties  shall  have 
been  paid,  in  case  where  such  goods  shall  be  a  bond. 

§  441.  Duties  not  paid  lender  written  protest  not  illegally 
exacted.  —  However  unauthorized  by  law  the  exaction  of  the 
duties  may  be,  they  are  not  illegally  exacted,  unless  the  pro- 
test required  be  made,  and  will  not  be  refunded.  This  point 
has  been  fully  settled  by  the  Supreme  Court,  and  is  the  estab- 
lished rule  of  the  treasury. 

§  442.  When  protest  must  be  made.  —  The  law  requires  the 
protest  to  be  made  "  at  or  before  the  payment  "  of  the  duties. 
This  is  construed  to  refer  to  the  final  liquidation,  and  adjust- 
ment of  the  entry,  and  a  protest  made  either  at  the  time  of 
the  entry  of  the  goods,  or  at  the  time  of  the  final  settlement 
of  the  duties,  on  the  report  of  the  appraiser,  or  the  return  of 
the  weigher,  gauger,  or  measurer,  is  within  the  provision. 

§  443.  What  the  protest  must  set  forth.  —  A  protest,  being 
a  commercial  document,  need  not  be  drawn  with  technical  ac- 
curacy, but  it  must  state  distinctly  every  ground  of  objection 
intended  to  be  relied  on,  and  none  other  can  be  raised  on  the 
trial  of  a  suit  brought  to  recover  any  alleged  excess  of  duties 
paid.  An  assertion  that  the  goods  were  invoiced  or  entered  at 
the  time,  at  the  true  or  actual  value,  is  not  a  valid  objection,  be- 
cause the  law  makes  the  decision  of  the  appraiser  on  this  point 
conclusive  ;  but  an  objection  that  the  appraisement  was  not  fair- 
ly, faithfully,  and  legally  made  is  sufficient,  and  under  such  an 
objection  all  the  proceedings  of  the  appraiser  may  be  inquired 


PROTESTS   AND   APPEALS.  247 

into.     But  whatever  the  objection  may  be,  it  must  be  dis- 
tinctly stated  in  the  protest. 

§  444.  Protest  must  be  made  on  each  importation.  —  A  no- 
tice at  the  close  of  a  protest  that  such  protest  is  intended  to 
apply  to  all  future  similar  importations,  does  not  dispense  with 
the  necessity  of  a  protest  in  reference  to  those  importations, 
and  neither  the  department  nor  the  courts  will  order  the  re- 
turn of  duties  claimed  under  such  a  notice,  though  the  exaction 
may  have  been  unauthorized  by  law. 

§  445.  Protest  requisite  in  case  of  additional  duties.  —  A 
protest  against  their  exaction  is  necessary  to  recover  back  the 
additional  duty  of  20  per  cent,  imposed,  by  way  of  penalty 
for  under-valuation,  by  the  8th  section  of  the  tariff  act  of  1846, 
and  the  act  of  March  3,  1857. 

§  446.  Duties  paid  under  protest  not  recoverable  unless 
paid  in  order  to  obtain  possession  of  the  goods.  —  The  act  of 
February  26,  1845,  restores  the  right  of  action,  against  a  col- 
lector of  the  customs,  to  such  persons  as  shall  have  paid  or 
shall  thereafter  pay  money,  as  and  for  duties,  under  protest, 
in  order  to  obtain  goods,  wares,  or  merchandise  imported  by 
them  or  on  their  account.  If  the  importer  have  obtained  pos- 
session of  his  goods,  —  the  collector  no  longer  having  them  in 
his  custody  or  under  his  authority,  —  and  a  demand  be  made 
for  the  payment  of  duties,  such  goods  having  been  passed  as 
free  on  the  entry,  or  for  an  increased  amount  of  duties,  arising 
from  an  addition  to  the  value  or  advance  in  the  rate,  and  the 
importer  pay  the  same,  the  payment  will  be  regarded  as  a 
voluntary  payment,  and  he  can  not  maintain  an  action  against 
the  collector  to  recover  the  amount,  although  the  exaction 
may  have  been  unauthorized  by  law.1 

§  447.  Protest,  how  required  to  be  made.  —  Under  the  reg- 
ulations of  the  treasury  department  protests  are  required  to  be 

l  An  action  was  brought  against  the  late  collector  of  the  port  of  New 
York  to  recover  back  duties  paid  under  the  following  circumstances  :  Nine 
casks  of  hardware  had  been  shipped  to  the  plaintiffs,  as  appeared  by  tlie  in- 
voice produced  by  them  and  the  manifest  of  the  vessel,  and  a  warehouse  en- 
try was  made  of  the  same,  and  bond  given  in  the  usual  form.  Seven  casks 
only  were  found  on  board  the  vessel,  two  having  been  lost,  forwarded  by 
some  other  vessel,  or  not  shipped  at  all.  The  plaintiffs  withdrew  from  ware- 
house and  paid  the  duties  on  the  seven  casks,  but  claimed  that  the  duties  on 
the  two  casks  not  imported  should  be  abated.  The  collector,  under  instruc- 
tions of  the  treasury  department,  refused  the  application.  At  the  maturity 
of  the  warehouse  bond  the  collector  demanded  the  duties  on  the  two  casks, 
and  in  default  of  payment  threatened  to  put  the  bond  in  suit.  To  avoid  a 
suit  the  importers  paid  the  duties  under  written  protest,  and  brought  an  ac- 
tion to  recover  the  amount  in  the  United  States  Circuit  Court,  when  it  was 
held  by  Justice  Nelson  that  the  action  could  not  be  maintained  because  the 
money  was  not  paid  to  get  possession  of  the  goods. 


248  PROTESTS   AND   APPEALS. 

written  on  papers  separate  from  the  entry  of  the  goods,  and  to 
be  presented  to  the  collector  in  duplicate  —  one  copy  to  be 
filed  in  the  collector's  office,  and  the  other  to  be  transmitted  to 
the  secretary  of  the  treasury. 

§  448.  Protest  to  be  examined  before  receiving  duties. — 
Collectors  of  the  customs  are  required,  (  Gen.  Reg.  Art.  385,) 
whenever  duties  are  offered  under  protest,  to  examine  care- 
fully the  protest  presented ;  and  if  the  objections  raised  to  the 
payment  grow  out  of  informalities  or  irregularities  in  the  ex- 
amination, appraisement,  liquidation,  or  other  proceeding  on 
the  part  of  the  customs  authorities,  they  are  instructed,  before 
receiving  the  duties,  to  cause  such  further  proceedings  to  be 
had  as  shall,  if  practicable,  cure  the  illegality  or  error  pro- 
tested against. 

§  449.  Appeals  under  the  act  of  March  3,  1857.  —  The  5th 
section  of  the  act  of  March  3,  1857,  as  we  have  already  seen, 
requires  that  on  the  entry  of  any  goods,  wares,  or  merchan- 
dise, the  collector  of  customs  at  the  port  of  importation  and 
entry  shall  decide  as  to  the  liability  of  the  same  to  duty  or  ex- 
emption therefrom.  It  is  held  by  the  department,  (Treas. 
Reg.  June  30,  1857,)  that  a  decision  on  the  liability  of  an  im- 
port to  duty,  necessarily  involves,  under  the  forms  of  transacting 
the  business  of  the  customs,  prescribed  by  law  and  regulations, 
the  determination  of  the  rate  of  duty  to  which  it  is  subject,  and 
it  is  from  such  a  decision  that  the  section  referred  to  obviously 
intended  to  regulate  and  limit  appeals.  In  other  words,  it  is 
necessary,  under  the  construction  adopted,  for  an  importer  to 
appeal  to  the  secretary  of  the  treasury,  not  only  in  cases 
where  a  duty  is  imposed  on  an  article  claimed  to  be  free,  but 
also  in  cases  where  a  rate  of  duty  is  assessed  higher  than  that 
at  which  the  import  is  claimed  to  be  entered.  In  the  same 
class  of  cases  he  must  also,  to  save  his  rights,  bring  a  suit 
within  thirty  days  after  the  decision  of  the  secretary  of  the 
treasury,  if  it  be  adverse  to  his  claim,  to  recover  the  amount 
paid. 

§  450.  T7ie  term  "ten  days  after  entry"  defined. — It  may 
also  be  necessary  to  define  the  terms  "  within  ten  days  after 
such  entry,"  within  which  an  appeal  must  be  made  to  this  de- 
partment from  the  decision  of  the  collector.  Those  terms  will 
be  construed  as  requiring  the  appeal  to  be  made  within  ten 
days  after  the  duties  shall  have  been  liquidated,  for  then  the 
rate  and  amount  of  duty  will  have  been  finally  determined  by 
the  collector.     Treas.  Reg.  June  30,  1857. 


GOODS  DAMAGED  ON  VOYAGE  OP  IMPORTATION.      249 


GOODS  DAMAGED  ON  VOYAGE  OF  IM- 
PORTATION. 

§  451.  Damage  to  be  appraised,  and  allowance  made  there- 
for in  duties.  —  In  respect  to  articles  that  have  been  damaged 
during  the  voyage,  the  appraisers  shall  ascertain  and  certify  to 
what  rate  or  per  centage  the  said  goods,  wares,  or  merchandise 
are  damaged,  and  the  rate  or  per  centage  of  damage,  so  as- 
certained and  certified,  shall  be  deducted  from  the  original 
amount  subject  to  duty :  Provided,  That  no  allowance  for  the 
damage  on  any  goods,  wares,  or  merchandise,  that  have  been 
entered  and  on  which  the  duties  have  been  paid  or  secured  to 
be  paid,  and  for  which  a  permit  has  been  granted  to  the  owner 
or  consignee  thereof,  and  which  may  on  examining  the  same 
prove  to  be  damaged,  shall  be  made,  unless  proof  to  ascertain 
such  damage  shall  be  lodged  in  the  custom  house  of  the  port 
or  place  where  such  goods,  wares,  or  merchandise  have  been 
landed,  within  ten  days  after  the  landing  of  such  merchandise. 
Act  March  2,  1799,  §52. 

§  452.  The  term  "  during  the  voyage  "  defined.  —  The  term 
"during  the  voyage"  means  after  the  vessel  has  started  from 
the  foreign  port  of  exportation,  and  during  the  voyage  to,  and 
before  her  arrival  at,  her  port  of  destination  in  the  United 
States.  Where  the  article  was  damaged  before  the  voyage 
commenced,  and  this  damage  proceeded  from  rust,  decay,  damp- 
ness, or  other  cause,  which  may  have  rendered  the  merchan- 
dise unfit  to  withstand  the  ordinary  risks  of  importation,  no 
allowance  is  to  be  made ;  the  law,  in  authorizing  abatement  of 
duties  for  damage,  having  reference  to  the  unforeseen  con- 
tingency of  damage  during  the  voyage  of  importation.  Gen. 
Reg.  Art.  393,  394. 

§  453.  Proof  required  to  ascertain  damage.  — The  proof  of 
damage  required  to  be  lodged  with  the  collector,  will  consist 
of  the  claim  of  the  importer  or  his  agent  for  the  allowance,  in 
writing,  subscribed  and  sworn  to  by  him,  specifying  by  marks 
and  numbers  the  particular  articles  or  packages  which  are 
alleged  to  be  damaged,  the  character  of  the  goods,  and  the  value 
at  which  he  has  entered  them,  respectively ;  and  the  official 
examination  and  appraisement  must  be  confined  to  the  articles 
and  packages  so  specified  and  proved  to  have  received  damage 


250      GOODS  DAMAGED   ON   VOYAGE  OP  IMPORTATION. 

during  the  voyage,  except  in  the  case  of  the  discovery  of  dam- 
age in  the  appraisers'  department,  as  hereinafter  prescribed. 
The  specification  of  articles,  as  above  required,  must  in  no  case 
be  dispensed  with.     Ibid.  Art.  395. 

§  454.  Damage  discovered  while  goods  are  undergoing  ap- 
praisement, may  be  allowed.  —  Whenever  any  merchandise, 
undergoing  examination  in  the  appraisers'  department,  is  dis- 
covered to  be  in  a  damaged  condition,  it  shall  be  the  duty  of 
the  officers  so  discovering  the  same,  to  notify  the  appraisers 
thereof,  who  will  at  once  personally  inspect  the  merchandise, 
and  will  report  to  the  collector  in  regard  to  the  damage  having 
occurred  during  the  voyage  ;  and  if  the  collector  shall  concur 
with  them  in  the  opinion  that  the  damage  did  so  occur,  he  will 
issue  an  order  for  the  ascertainment  and  estimate  thereof,  as  in 
other  cases,  without  requiring  the  proof  from  the  importer 
heretofore  prescribed.  It  must  be  understood,  however,  that 
no  such  appraisement  of  damage,  or  allowance  therefor,  can 
be  made  unless  the  damage  was  so  discovered  by  the  apprais- 
ers within  ten  working  days  after  the  landing  of  the  merchan- 
dise.    Ibid.  Art.  409. 

§  455.  Examination  of  damaged  goods,  where  to  be  made.  — 
All  dry  goods,  fancy  articles,  hardware,  cutlery,  tobacco,  ci- 
gars, whether  in  cases,  boxes,  or  otherwise,  and  manufactured 
articles  generally,  contained  in  packages,  all  dried  and  pre- 
served fruit,  sardines,  wines  in  bottles,  and  all  other  articles, 
whenever  practicable  in  the  discretion  of  appraisers,  must,  for 
the  purpose  of  ascertaining  the  damage  sustained  on  the  voy- 
age of  importation,  be  separated  by  the  importer  from  the 
residue  of  his  importation  and  sent  to  the  appraisers'  store,  at 
the  expense  of  the  importer,  and  reasonable  charges  made  by 
the  collector  for  labor  and  storage ;  and  in  all  cases  where 
examination  for  damage  is  made  at  any  other  place,  it  shall 
be  the  duty  of  the  importer  or  claimant  for  the  abatement  of 
duties  by  reason  of  damage  on  the  voyage,  to  have  the  pack- 
ages or  goods,  alleged  to  be  damaged,  in  like  manner  separated 
from  the  others,  and  properly  arranged,  assorted,  opened,  and 
exhibited,  so  that  the  appraisers  may,  with  as  little  delay  as 
possible,  and  in  the  clearest  manner,  inspect  and  ascertain  the 
actual  damage  incurred.  And  when  any  such  damaged  mer- 
chandise shall  be  so  arranged,  assorted,  and  opened,  and  ready 
for  examination,  it  shall  be  the  duty  of  the  owner,  importer,  or 
applicant  for  allowance  on  the  same,  to  notify  the  appraisers 
of  such  readiness,  and  also  where  the  said  damaged  goods  may 
be  found.     Ibid.  Art.  402. 


GOODS   EXPORTED   TO   BRITISH   PROVINCES.         251 

§  456.  Average  damages  prohibited. — No  average  allow- 
ance for  damage  is  to  be  made ;  and  damage  on  the  voyage  of 
importation  is  to  be  ascertained  by  reference  to  the  value  of  the 
merchandise  in  the  principal  markets  of  the  country  whence 
imported,  and  not  according  to  the  home  valuation.  Auction 
or  forced  sales  are  not  regarded  as  a  fair  criterion  of  damage. 
Ibid.  Art.  406. 

§  457.  Damage  to  be  appraised  at  port  of  original  impor- 
tation. —  Damage  on  the  voyage  of  importation  must  be  ascer- 
tained at  the  port  where  the  vessel  originally  enters,  and  can  not 
be  certified  from  any  other  port ;  and  no  reappraisement  is  au- 
thorized by  law  in  case  of  allowance  for  damage.  Ibid.  Art.  413. 

§  458.  Damage  to  be  ascertained  by  collector  at  ports  where 
there  is  no  appraiser.  —  At  ports  where  there  are  no  apprais- 
ers, the  collector  and  naval  officer,  (if  there  be  one,)  or,  the 
collector  alone,  if  there  be  no  naval  officer,  will  examine  and 
appraise  damage.      Ibid.  Art.  400. 

§  459.  Molasses  damaged  by  souring.  —  In  respect  to  claims 
for  allowance  on  molasses  alleged  to  have  been  damaged  by 
souring  on  the  voyage  of  importation,  the  claimant,  under  a 
special  regulation  of  the  treasury,  is  required  to  produce  proof 
that  the  article  was  sound  when  shipped  at  the  foreign  port, 
and  that  the  change  occurred  on  the  voyage.  He  is  also  re- 
quired to  produce  proof  of  the  difference  in  the  prices  of  sound 
and  sour  molasses  at  the  date  of  the  exportation  of  the  article 
in  question,  in  the  principal  markets  of  the  country  from  which 
the  same  may  have  been  imported  ;  and  no  allowance  can  then 
be  made  without  the  authority  of  the  department  in  each  case. 


EXPORTATION   OF   GOODS   TO  THE    AD- 
JACENT   BRITISH   PROVINCES.1 

§  460.  Merchandise  brought  into  a  port  on  the  seaboard,  des- 
tined for  adjacent  British  provinces,  how  entered.  —  On  the 
arrival  from  foreign  ports  of  any  goods  intended  for  immedi- 
ate  transportation   and   exportation  to  the  adjacent  British 

1  The  regulations  governing  the  entry  of  merchandise  imported  into  porta 
on  the  seaboard  for  immediate  exportation  to  the  adjacent  British  provinces, 
and  the  entry  of  merchandise  from  said  provinces  into  ports  on  the  frontier 
for  transportation  to  the  seaboard  ports  and  exportation  therefrom,  are 
founded  upon  the  provisions  of  sections  107, 108,  and  109,  of  the  General 


252        GOODS  EXPORTED   TO   BRITISH  PROVINCES. 

Provinces  of  Canada  and  New  Brunswick,  and  which  shall 
appear,  by  the  invoices,  bills  of  lading,  and  manifest,  or  other 
satisfactory  evidence,  to  have  been  shipped  to  a  port  in  the 
United  States  in  transit  and  for  exportation  as  aforesaid,  the 
consignee  or  agent  may  make  entry  in  triplicate,  setting  forth 
particularly  in  such  entry  the  route  by  which  the  goods  are  to 
be  forwarded,  whether  by  land  or  by  water,  or  partly  by  land 
and  partly  by  water,  and  designating  the  last  port  in  the 
United  States  from  which  the  actual  exportation  is  to  be  made, 
and  the  port  or  place  in  the  adjacent  province  for  which  the 
goods  are  destined.     Gen.  Reg.  Art.  482. 

§  461.  Consignee  to  enter  into  bond —  Conditions  of  such 
bond.  —  The  entry  having  been  compared  with  the  invoice, 
and  the  duties  estimated  on  the  value  of  the  invoice,  and  duly 
sworn  to,  the  consignee  or  agent  shall  enter  into  bond  in  a 
penal  sum  equal  to  double  the  value  of  the  goods,  conditioned 
that,  within  the  time  limited  in  the  bond,  or  within  such  further 
time  as  may  be  allowed  by  the  Secretary  of  the  Treasury,  he 
will  transport  to  the  designated  place  on  the  frontier,  by  the 
route  described,  the  goods,  wares,  and  merchandise  mentioned 
in  the  said  entry,  and  will  export  the  same  to  the  port  or  place 
in  Canada  named  as  the  port  of  destination,  and  will  not  re- 
land,  consume,  alienate,  or  exchange  the  same,  or  any  part 
thereof,  within  the  United  States,  and  that  he  will  moreover 
produce  and  deposit  with  the  collector  of  the  customs  of  the 
port  where  such  entry  is  made,  the  certificate  of  the  collector 
or  other  chief  revenue  officer  of  the  frontier  port,  that  the  mer- 
chandise has  been  duly  inspected  at  said  port,  and  delivered 
for  exportation  to  Canada,  and  also  the  certificate  of  the  col- 
lector or  other  chief  officer  of  the  Canadian  port,  that  the  said 
merchandise  has  been  landed,  duly  entered  at  the  custom 
house  at  said  port,  and  the  duties  imposed  thereon  paid  or  se- 
cured to  be  paid  in  full.     Ibid.  Art.  484. 

§  462.  Permit  to  be  granted  for  delivery —  Goods  to  be 
laden  under  supervision  of  inspector,  return  made  to  collector, 
and  triplicate  copy  of  entry  transmitted  to  frontier  port.  — The 

Collection  law  of  March  2,  1799  ;  sections  7,  8,  and  9  of  the  act  of  March  3, 
1845,  "  allowing  drawbacks  on  foreign  merchandise  exported  to  Chihuahua 
and  Santa  Fe,  in  Mexico,  and  to  the  British  North  American  provinces  ad- 
joining the  United  States ;  "  section  16  of  the  act  of  Sept.  28, 1850,  entitled 
"  An  act  to  create  additional  collection  districts  in  the  State  of  California," 
&c. ;  and  the  Warehouse  acts  of  March  28,  1854.  The  bond  taken  is  that 
prescribed  by  the  act  first  referred  to,  and  the  proofs  of  landing  required 
substantially  the  same  as  directed  by  the  act  of  1845,  as  modified  by  the  act 
of  1850. 


GOODS   EXPORTED   TO   BRITISH   PROVINCES.  253 

bond  above  described  having  been  executed,  the  collector  will 
grant  a  permit,  directing  the  inspector  having  charge  of  the 
vessel  in  which  the  goods  may  have  been  imported,  to  send 
the  same  to  the  railroad  car,  or  other  carriage  designated  in 
the  entry.  He  will  also  transmit  to  the  surveyor  one  of  the 
entries,  with  directions  thereon  to  cause  the  packages  to  be 
examined,  and  if  found  to  correspond  with  the  description,  to 
be  laden  for  exportation,  and  return  thereof  made.  Upon  the 
completing  of  the  lading,  and  the  receipt  of  the  inspector's  cer- 
tificate, the  surveyor  is  required  to  return  the  entry  forthwith 
to  the  collector,  whose  duty  it  is  immediately  to  despatch  the 
triplicate  copy  of  the  same  to  the  collector  or  other  chief  reve- 
nue officer  at  the  frontier  port.     Ibid.  Art.  485-487. 

§  4G3.  Goods  to  be  accompanied  by  manifest.  —  In  all  cases 
of  exportation  in  the  manner  herein  provided,  the  master  or 
conductor  of  the  vessel,  railroad  carriage,  or  other  vehicle, 
shall  be  provided  with  a  manifest  of  the  goods  laden  on  board 
such  conveyance,  particularly  describing  the  same,  the  route, 
frontier  port  of  exportation  and  foreign  port  of  destination ; 
which  manifest  shall  be  duly  certified  by  the  officer  of  the 
customs  under  whose  supervision  such  goods  were  laden,  and 
shall  be  forthwith  delivered,  on  arrival,  to  the  collector  or  other 
chief  revenue  officer  of  the  frontier  port.     Ibid.  Art.  495. 

§  464.  Proceedings  on  arrival  of  goods  at  frontier  port.  — 
No  entry  is  necessary  at  the  frontier  port ;  but  on  the  arrival 
of  the  merchandise,  and  due  delivery  of  the  manifest  by 
the  master  or  conductor,  the  collector  or  other  proper  officer 
of  the  customs  shall  immediately,  if  the  goods  be  forwarded 
under  locks,  remove  such  locks  from  the  car  or  cars,  and  care- 
fully inspect  and  examine  the  packages  by  the  manifest,  to 
ascertain  whether  they  agree  with  the  description  contained 
therein,  and  whether  they  have  been  in  any  way  violated. 
The  same  comparison  and  examination  will  also  be  made  of 
the  cording,  sealing,  and  branding,  to  see  that  no  alteration  or 
fabrication  of  the  seals  or  brands  has  taken  place.  Should 
the  goods  be  found  not  to  agree  with  the  manifest,  or  should 
there  be  any  reason  to  believe  that  any  violation,  alteration, 
or  fabrication  has  occurred,  the  collector  will  take  immediate 
possession  of  the  goods,  and  send  a  statement  of  the  case  to 
this  department,  at  the  same  time  notifying  the  collector  of  the 
port  from  which  the  goods  were  forwarded.  If  the  packages, 
however,  be  found  to  agree  in  all  respects  with  the  manifest, 
the  cords,  seals,  and  brands  unbroken  and  intact,  the  collector 
or  other  officer  will  permit  the  same  to  be  sent  forward  without 
22 


254  GOODS   EXPORTED   TO   BRITISH   PROVINCES. 

detention  to  their  destination  in  the  province  designated. 
Should  the  merchandise  arrive  at  the  frontier  port  before  the 
receipt  of  the  triplicate  entry,  it  will  not  be  detained  there  for 
that  reason,  but  will  be  inspected  and  checked  by  the  manifest. 
When  the  entry  shall  have  been  received,  it  will  be  compared 
with  the  manifest  or  manifests,  and  if  it  shall  appear  that  all 
the  packages  described  therein  have  passed  inspection,  and 
been  duly  delivered  to  be  forwarded  to  their  final  destination, 
the  collector  shall  furnish  to  the  exporter  or  his  agent  a  cer- 
tificate, testifying  to  the  inspection  of  the  merchandise  and  its 
delivery  for  exportation.  He  shall  also  transmit  a  duplicate 
of  this  certificate  to  the  collector  of  the  port  from  which  the 
goods  were  forwarded.  For  the  cancellation  of  his  bond,  the 
exporter  shall  produce,  within  sixty  days  from  the  date  there- 
of, a  certificate,  under  the  hand  and  seal  of  the  collector  or 
other  chief  revenue  officer  of  the  Canadian  or  other  provincial 
port,  that  the  merchandise  described  in  such  bond  has  been 
landed,  duly  entered  at  the  custom-house  at  said  port,  and  the 
duties  imposed  thereon  by  the  laws  of  the  province  in  which 
such  port  may  be,  fully  paid,  or  secured  to  be  paid.  Upon  the 
receipt  of  which  certificate,  together  with  either  the  original  or 
duplicate  certificate  of  inspection  at  the  frontier  portx,  the  col- 
lector shall  immediately  cause  the  bond  to  be  canceled.  Ibid. 
Art.  497. 

§  465.  This  form  of  entry  allowable  only  in  respect  to  goods 
destined,  when  shipped  at  the  foreign  port,  for  immediate  ex- 
portation.  —  This  form  of  entry  will  only  be  allowed  when  it 
shall  appear  by  the  invoice,  bill  of  lading,  and  manifest,  or 
other  satisfactory  evidence,  that  the  merchandise  was  destined, 
when  shipped  at  the  foreign  port,  for  exportation  to  a  port  in 
the  adjacent  British  provinces,  and  consequently  is  not  to  be 
considered  an  importation  into  the  United  States  within  the 
meaning  and  intention  of  the  law.  In  this  view,  it  is  not 
deemed  necessary  that  the  invoice  should  be  accompanied  by 
the  oath  of  the  owner  and  the  consular  certificate,  or  that  the 
examinations  required  in  other  cases  should  be  made  by  the 
appraisers.  Nor  is  it  necessary  that  a  copy  of  the  invoice 
should  be  transmitted  with  such  entry  to  the  frontier  port.  A 
careful  and  rigid  examination  of  the  packages,  howTever,  must 
in  all  cases  be  made,  for  the  purpose  of  fully  identifying  them ; 
and  they  must  remain  uninterruptedly  in  the  custody  or  under 
the  lock  or  seals  of  the  customs,  until  their  actual  exportation 
from  the  last  port  on  the  frontier.     Ibid.  Art.  488. 

§  466.    Packages  to  be  corded  and  sealed,  when  —  Wines  and 


GOODS   EXPORTED  TO   BRITISH   PROVINCES.  255 

distilled  spirits  to  be  sampled.  —  All  merchandise  entered  and 
exported  to  the  adjacent  British  provinces  when  the  transpor- 
tation is  made  wholly  by  land,  or  partly  by  land  and  partly 
by  water,  must  be  secured  in  the  following  manner :  The  col- 
lector, before  delivery,  will  have  all  goods  in  boxes,  cases,  bales, 
or  casks,  corded,  and  a  lead  seal  attached  thereto ;  all  cigars  in 
small  boxes  packed  in  cases  and  corded  and  sealed  as  above. 
Wines  and  distilled  spirits  in  casks  or  other  packages  must 
have  the  number  of  bung  or  other  holes  in  each  package  legi- 
bly branded  on  the  exterior,  and  all  such  holes  must  be  sealed 
to  prevent  adulteration  or  alteration  in  transit ;  he  will  also 
take  a  sample  of  each  package  of  liquors,  except  when  in  bot- 
tles, not  exceeding  in  quantity  eight  ounces,  all  of  which  sam- 
ples must  be  immediately  deposited  with  the  storekeeper  of 
the  store  where  sampled,  who  will  hold  them  subject  to  the 
orders  of  the  collector.  The  expense  of  sealing,  branding, 
encasing,  and  sampling  must  be  paid  by  the  owners  before 
delivery.  The  triplicate  entry  and  manifest  forwarded  as 
herein  provided  for,  will  specify  particulars  of  sealing  and 
branding.  Goods  in  bulk,  and  articles  which  can  not  be  sealed, 
must  be  forwarded  in  all  cases  by  a  continuous  route,  where 
there  is  such  a  route,  between  the  port  of  importation  and  the 
frontier  port  designated  in  the  entry ;  if  not,  they  must  be 
examined  by  the  collector  at  the  last  port  in  the  United  States 
for  identification,  and  weighed,  gauged,  or  measured,  before 
they  are  allowed  to  pass  the  frontier,  if  the  same  be  necessary 
for  identification.  It  will  in  most  cases  be  necessary,  in  order 
to  carry  these  regulations  as  respects  cording  and  sealing, 
branding,  sampling,  and  sealing  and  encasing,  into  effect,  that 
the  goods  be  taken  to  a  bonded  warehouse  to  have  the  labor 
performed.  But  whenever  the  labor  can  be  performed  on 
board  the  vessel  with  safety  to  the  revenue,  it  may  be  con- 
sidered a  warehouse  for  that  purpose,  and  when  the  labor  is 
performed,  the  goods  can  be  sent  direct  from  the  vessel  to  the 
railroad  car  or  other  conveyance.  If  the  exportation  to  the 
adjacent  British  provinces  be  entirely  by  sea,  the  cording, 
sealing,  casing,  and  branding  will  not  be  required.1  Ibid.  Art. 
489. 

§  467.  Merchandise  for  adjacent  provinces,  when  to  be 
entered  for  warehousing.  —  Merchandise  offered  for  immediate 
exportation  to  the  adjacent  British  provinces,  and  alleged  to 
have  been  imported  with  that  object,  but  which  does  not  appear 

1  Neither  are  they  supposed  to  he  required  when  the  goods  are  sent  forward 
in  cars  on  a  continuous  rail  route,  under  custom-house  locks. 


25G 


GOODS  EXPORTED   TO   BRITISH   PROVINCES. 


by  the  invoice,  bill  of  lading,  and  manifest,  or  other  satisfac- 
tory evidence,  to  have  been  so  intended  at  time  of  shipment 
from  the  foreign  port,  must  be  treated  as  merchandise  im- 
ported into  the  United  States  for  home  consumption;  and 
all  the  requirements  of  law  and  instructions,  in  reference  to 
merchandise  so  imported,  must  be  complied  with,  and  entry 
made  for  warehouse.  Such  merchandise,  after  having  been 
examined,  the  dutiable  value  ascertained,  and  the  additional 
duty,  if  any  be  incurred,  paid,  may,  however,  be  withdrawn 
from  warehouse  and  exported  to  said  provinces  in  the  manner 
hereinafter  prescribed.     Ibid.  Art.  490. 

§  468.  Merchandise  entered  for  warehouse  may  he  with- 
drawn for  export  to  the  adjacent  provinces.  —  Merchandise 
which  has  been  duly  entered  for  warehousing  may  be  with- 
drawn from  warehouse,  and  exported  to  the  adjacent  British 
provinces  by  any  of  the  routes  designated,  either  by  water  or 
by  land,  or  partly  by  water  and  partly  by  land :  provided  al- 
ways, that  the  regulations  hereinbefore  prescribed  for  cording, 
sealing,  casing,  and  branding  be  faithfully  complied  with. 
Ibid.  Art.  491. 

§  469.  Frontier  ports  through  which  merchandise  may  be 
exported.  —  Merchandise  intended  for  exportation  to  the  adja- 
cent British  provinces  may  be  forwarded  from  the  ports  of 
importation  in  the  United  States  by  way  of  any  of  the  follow- 
ing designated  ports,  viz. :  — 


Rouse's  Point, 

New  York. 

Detroit,  Michigan. 

Ogdensburg, 

do. 

Dunkirk,  New  York. 

Cape  Vincent, 

do. 

Eastport,  Maine. 

Suspension  Bridge,  do. 

Pembina,  Minnesota. 

Lewiston, 

do. 

Toledo,  Ohio. 

Buffalo, 

do. 

Sandusky,  Ohio. 

Oswego, 

do. 

Cleveland,  Ohio. 

Rochester, 

do. 

Chicago,  Illinois.       , 

Plattsburg, 

do. 

Milwaukie,  Wisconsin. 

Burlington, 

Vermont. 

Sackett's  Harbor,  New  York. 

S  wanton, 

do. 

Erie,  Pennsylvania. 

Alburgh, 

do. 

Whitehall,  New  York. 

Island  Pond, 

do. 

Michilimackinac,  Michigan. 

Ibid.  Art.  496, 

§  470.  Goods  imported  from  Canada  may  in  like  manner  be 
entered  for  transportation  to  and  export  from  ports  on  the  sea- 
board.—  The  forms  of  entry  and  the  regulations  before  made 
in  regard  to  merchandise  imported  into  ports  on  the  seaboard, 


BOUNTY  AND   DRAWBACK.  257 

in  transit  and  for  exportation  to  Canada,  will  also  be  used 
and  applied  at  ports  on  the  frontier  to  goods  imported'  into 
those  ports  from  Canada  for  transit  and  exportation  from  ports 
on  the  seaboard  to  foreign  countries.  Merchandise  imported 
from  Canada,  and  warehoused  at  ports  on  the  frontier,  will  be 
withdrawn  for  consumption,  transportation,  or  exportation,  in 
the  manner  and  under  the  regulations  hereinbefore  prescribed 
under  those  several  heads.     Ibid.  Art.  499. 

§  471.  Merchandise  entered  for  exportation  to  adjacent 
British  provinces  liable  to  forfeiture  if  voluntarily  landed  in, 
or  brought  back  to,  the  United  States.  —  The  ninth  section  of 
the  act  of  March  3,  1845,  provides  that  if  any  goods,  wares, 
or  merchandise,  exported  according  to  the  provisions  of  that 
act,  shall  be  voluntarily  landed,  or  brought  into  the  United 
States,  they  shall  be  forfeited,  and  every  person  concerned  in 
the  landing  or  bringing  the  same  into  the  United  States  shall 
be  liable  to  a  penalty  of  four  hundred  dollars.1 

§  472.  Bonds,  how  extended,  and  when  to  be  put  in  suit.  — 
Application  for  extension  of  bonds  on  entries  for  exporta- 
tion to  the  adjacent  British  provinces,  is  required  to  be  made 
to  the  Secretary  of  the  Treasury,  before  the  maturity  thereof. 
This  application  should  set  forth  the  date  and  penalty  of  the 
bond,  and  the  reasons  which  have  prevented  compliance  with 
its  condition,  and  should  be  transmitted  through  the  collector 
of  the  port  at  which  the  bond  was  taken.  Bonds  not  canceled 
or  extended  are  required  to  be  paid  or  put  in  suit  at  the  ex- 
piration of  twenty  days  from  maturity. 


BOUNTY  AND  DRAWBACK. 

§  473.  Bounty  to  be  allowed  on  foreign  sugar  refined  in  the 
United  States,  on  exportation  therefrom.  —  There  shall  be 
allowed  a  drawback  on  foreign  sugar  refined  in  the  United 
States,  and  exported  therefrom,  equal  in  amount  to  the  duty 
paid  on  the  foreign  sugar  from  which  it  shall  be  manufactured, 
to  be  ascertained  under  such  regulations  as  shall  be  prescribed 

1  In  some  instances,  however,  the  department,  on  application,  has  allowed 
merchandise  exported  as  above  to  be  brought  back  to  the  United  States, 
and  entered  for  consumption  or  exportation  to  another  country.  But  all 
goods  reimported  without  such  previously  obtained  authority  are  liable  to 
forfeiture. 

* 


258  BOUNTY  AND   DRAWBACK. 

by  the  Secretary  of  the  Treasury,  and  no  more:  Provided,  That 
two'and  one  half  per  centum  on  the  amount  of  the  drawback 
allowed  shall  be  retained  for  the  use  of  the  United  States,  by 
the  collectors  paying  such  drawback.  Act  Aug.  30,  1842, 
§  14,  15. 

§  474.  Proceedings  necessary  to  obtain  bounty  or  drawback. 
—  To  entitle  the  exporter  to  the  benefit  of  said  allowance  of 
drawback,  such  exporter,  at  least  six  hours  previous  to  the 
putting  or  lading  any  of  the  said  refined  sugar  on  board  any 
vessel  or  other  conveyance  for  exportation,  shall  lodge  with 
the  collector  of  the  customs  for  the  district  from  which  such 
exportation  is  to  be  made,  an  entry,  setting  forth  his  intention 
to  export  the  same,  and  describing  the  marks,  numbers,  and 
packages,  and  designating  the  place  where  deposited,  and  the 
name  of  the  vessel  or  other  conveyance  in  or  by  which,  and 
the  port  or  place  to  which,  the  same  is  intended  to  be  exported. 
This  entry  shall,  upon  presentation,  be  verified  by  the  oath  or 
affirmation  of  the  owner,  agent,  or  other  proper  officer  of  the 
manufactory  in  which  such  sugar  may  have  been  refined. 
Gen.  Peg.  Art.  746. 

§  475.  Inspection  to  be  made  by  surveyor.  —  On  the  receipt 
of  the  entry  thus  verified,  the  collector  shall  direct  the  sur- 
veyor, if  there  be  such  officer  at  his  port,  to  examine  the  sev- 
eral packages  described  in  the  entry,  and  ascertain  whether 
the  contents  of  the  same  be  refined  sugar,  within  the  meaning 
and  intention  of  the  law,  as  hereinafter  defined ;  and  if  so 
found,  to  mark  each  package  with  the  words  "  Pejined  sugar  ; 
Inspected ,  18     .  ,  surveyor."     Ibid.  Art.  147. 

§  476.  Weight  to  be  ascertained,  and  lading  made  under  in- 
spection. —  Upon  this  order,  the  surveyor  will  make  return 
according  to  the  facts  ;  on  the  receipt  of  which,  the  collector, 
if  the  packages  be  certified  to  contain  refined  sugar  entitled  to 
drawback,  shall  transmit  to  the  surveyor  the  entry  lodged  with 
him  by  the  exporter,  with  direction  to  cause  the  weight  of  the 
sugar  to  be  ascertained,  and  returned  in  the  manner  pointed 
out  by  law,  and  the  same  to  be  laden  for  exportation.  The 
service  of  superintending  the  lading  for  exportation  must,  in 
all  cases,  be  performed  by  the  officer  who  made  the  original 
inspection,  who  will  be  careful  to  observe  the  appearance  of 
the  packages,  and  if  he  shall  have  cause  to  believe  that  change 
has  been  effected  in  the  contents  between  the  time  of  inspec- 
tion and  the  time  of  lading  the  same  for  exportation,  he  will 
promptly  report  the  facts  to  the  collector.     Ibid. 

§  477.   Exporter  to  make  oath  to  entry  and  give  bond.  — 


BOUNTY  AND   DRAWBACK.  259 

The  lading  having  been  completed,  —  and  it  is  necessary  that 
it  should  be  made  under  the  actual  supervision  of  the  officer,  — 
and  the  entry  returned  to  the  collector,  with  such  officer's  cer- 
tificate to  the  fact  thereon,  the  exporter,  within  twenty  days 
after  the  clearance  of  the  vessel  in  which  the  exportation  may 
have  been  made,  is  required  to  make  oath  that  the  said  sugar 
is  truly  intended  to  be  exported,  and  is  not  intended  to  be  re- 
landed  in  the  United  States,  and  also,  that  it  was,  according  to 
his  belief,  refined  from  sugar  imported  from  a  foreign  country, 
on  which  the  duties  had  been  paid.  He  is  also  required  to 
enter  into  bond  to  the  United  States,  with  two  sureties,  one  of 
whom  shall  be  the  master  of  the  vessel,  in  a  sum  equal  to  the 
full  value  of  the  sugar,  conditioned  for  the  landing  of  said 
sugar  beyond  the  limits  of  the  United  States,  and  the  produc- 
tion of  the  proofs  of  such  landing,  as  in  case  of  exportation  of 
merchandise  from  warehouse.  This  bond  must  be  completed 
within  twenty  days  from  the  date  of  clearance,  and  as  it  is  in- 
dispensable that  the  master  of  the  vessel  should  be  a  party  to 
it,  particular  care  should  be  taken  by  the  exporter  to  procure 
his  signature. 

§  478.  Certificate  of  drawback  —  When  payable.  —  The 
sugar  having  been  duly  laden,  the  exporter  having  taken  the 
prescribed  oath  and  executed  the  required  bond,  and  the  ves- 
sel having  been  duly  cleared  out,  the  collector  shall  compute 
the  amount  of  drawback  to  be  paid,  according  to  the  return 
of  the  weigher,  and  at  the  rate  hereinafter  established,  and 
shall  grant  to  the  exporter  a  certificate  therefor,  which  certifi- 
cate shall  be  made  payable  to  such  exporter,  or  his  order, 
in  thirty  days  from  the  date  of  the  clearance  of  the  vessel 
in  which  the  exportation  may  have  been  made.  Ibid.  Art. 
749. 

§  479.  What  are  refined  sugars  entitled  to  drawback.  —  The 
term  "  refined  sugars,"  as  used  in  the  law,  has  been  defined  by 
the  Supreme  Court  of  the  United  States  to  be  "  exclusively 
limited  to  such  as  have  assumed  at  some  time  the  form  of 
white,  refined,  loaf,  or  lump  sugars."  It  is,  therefore,  only  on 
such  description  of  sugar,  when  refined  in  the  United  States 
from  sugar  of  foreign  growth  and  production,  that  drawback 
or  bounty  can  legally  be  allowed  on  exportation.  "  Coffee 
crushed,"  and  other  sugars  of  inferior  grades  and  but  partially 
refined,  are  not  entitled  to  bounty  or  drawback  under  any  cir- 
cumstances, and  collectors  are  prohibited  from  making  allow- 
ances thereon.     Ibid.  Art.  754. 

§  480.   Rate  of  drawback  allowed.  —  The  rate  of  drawback 


260  BOUNTY   AND    DRAWBACK. 

to  be  allowed  on  the  exportation  of  refined  sugar  is  estab- 
lished, until  otherwise  directed,  at  one  and  one  half  (1£)  cent 
per  pound,  according  to  the  quantity  returned  by  the  weigher, 
from  which  allowance  shall  be  retained  by  the  collector  a  de- 
duction of  two  and  one  half  (2£)  per  centum,  as  prescribed  by 
the  fifteenth  section  of  the  tariff  act  of  August  30, 1842.  Ibid. 
Art.  755. 

§  48 1 .  Transportation  from  one  district  to  another  for  ex- 
portation.—  When  sugar  refined  in  one  district  is  to  be  ex- 
ported from  another,  entry  must  be  made  with  the  collector  of 
the  district  in  which  the  same  may  have  been  refined,  who  is 
required  to  have  the  same  proceedings  in  respect  to  examina- 
tion, ascertainment  of  quantity  and  lading,  as  in  case  of  entry 
for  exportation.  He  is  also  required  to  transmit  to  the  col- 
lector of  the  port  from  which  the  exportation  is  to  be  made,  a 
copy  of  such  entry,  with  the  drawback  payable  estimated 
thereon.  On  receipt  of  the  sugar  at  the  second  port,  the  ex- 
porter must  make  entry  and  give  bond,  as  already  indicated. 
The  exportation  having  been  accomplished,  a  certificate  of  the 
fact,  with  the  amount  of  drawback  set  forth,  is  granted  by  the 
collector,  on  the  production  of  which  to  the  collector  of  the 
district  from  which  the  sugar  was  transported,  the  exporter, 
or  the  party  to  whom  this  certificate  may  have  been  indorsed, 
is  entitled  to  a  certificate  of  drawback  for  the  sum  therein 
expressed. 

§  482.  Exportation  to  adjacent  British  provinces.  —  Re- 
fined sugar  may  be  exported  to  the  adjacent  provinces  of 
Canada  and  New  Brunswick,  under  forms  of  entry  and  bond 
similar  to  those  used  in  case  of  goods  so  exported  from  ware- 
house —  a  copy  of  the  entry  being,  as  in  that  case,  transmit- 
ted to  the  collector  of  the  frontier  port,  upon  whose  certificate 
of  inspection,  accompanied  by  the  certificate  of  the  collector 
or  other  chief  officer  of  the  provincial  port  testifying  to  the 
landing  of  the  said  sugar  thereat,  the  bond  will  be  canceled. 
The  certificate  of  drawback,  in  this  case,  is  issued  on  the  re- 
ceipt of  the  certificate  of  the  frontier  collector,  and  is  payable 
thirty  days  after  the  date  of  such  certificate,  by  the  collector 
who  may  grant  the  same. 

§  483.  When  entry  of  refined  sugar  is  not  completed  within 
time  allowed,  relief,  how  obtained.  —  Whenever  the  exporter 
of  any  refined  sugar  for  benefit  of  drawback  shall  have  failed 
to  complete  his  entry  therefor,  in  respect  to  the  oath  or  bond 
required  by  law,  within  the  period  prescribed,  and  shall  offer 
to  complete  such  entry  after  the  expiration  of  said  period,  he 


BOUNTY  AND   DRAWBACK.  261 

will  make  application  for  permission  so  to  do  to  this  depart- 
ment, setting  forth  the  cause  of  his  failure  or  omission  under 
oath  or  affirmation.  This  application  will  be  forwarded 
through  the  collector  of  the  port  from  which  the  exportation 
may  have  been  made,  and  will  be  accompanied  by  a  statement 
under  the  hand  of  such  collector  of  all  the  circumstances  at- 
tending the  transaction  within  his  knowledge,  together  with  a 
certificate  that  the  requirements  of  law  and  these  regulations 
have  been  fully  complied  with  in  all  respects,  except  in  the 
particular  or  particulars  set  forth  in  the  application  ;  where- 
upon, if  the  evidence  be  satisfactory  that  the  omission  to  com- 
plete the  entry  was  accidental,  or  without  intention  to  evade 
the  law  or  defraud  the  revenue,  directions  will  be  given  for 
the  completion  of  the  entry,  and  the  issue  of  the  certificate  of 
drawback.      Gen.  Reg.  Art.  759. 

§  484.  Bonds,  how  canceled.  —  The  bonds  taken  for  the 
landing  of  any  refined  sugar  beyond  the  limits  of  the  United 
States  shall  be  discharged  in  the  same  manner  as  bonds  taken 
on  entries  of  dutiable  merchandise  exported  from  warehouse ; 
and  in  cases  where  the  certificates  directed  by  law  can  not 
be  obtained,  the  exporter  shall  be  permitted  to  offer  such  other 
evidence  of  landing  beyond  the  limits  of  the  United  States  as 
he  may  have  ;  and  ifthesamebe  deemed  sufficient  by  the  col- 
lector, he  shall  accept  the  same,  except  where  the  drawback 
allowed  shall  amount  to  one  hundred  dollars  or  more ;  in  all 
Which  cases  the  proofs  shall  be  submitted  to  the  commissioner 
of  customs,  whose  decision  thereon  shall  be  final.  Ibid.  Art. 
760. 

§  485.  Bonds,  how  executed — Not  canceled,  to  be  put  in  suit, 
when.  —  All  export  bonds,  whether  for  refined  sugar  or  duti- 
able merchandise  exported  from  warehouse,  when  given  in 
the  name  of  a  firm,  will  be  required  to  be  executed  by  all  the 
partners  of  such  firm,  and  if  not  canceled  or  extended  in  the 
manner  prescribed  by  law,  will  be  passed  over  to  the  United 
States  district  attorney  for  collection,  at  the  expiration  of 
twentv  days  after  the  same  shall  have  become  due.  Ibid. 
Art.  761. 

Pickled  Fish. 

§  486.  Drawback  allowed  equal  to  duty  on  salt  used  in 
curing  the  same.  —  In  lieu  of  the  bounty  heretofore  authorized 
by  law  to  be  paid  on  the  exportation  of  pickled  fish  of  the 
fisheries  of  the  United  States,  there  shall  be  allowed,  on  the 
exportation  thereof,  if  cured  with  foreign  salt,  a  drawback 


202  VESSELS   ENGAGED   IN   THE   FISHERIES. 

equal  in  amount  to  the  duty  paid  on  the  salt,  and  no  more,  to 
be  ascertained  under  such  regulations  as  may  be  prescribed 
by  the  Secretary  of  the  Treasury.     Act  July  30,  1846,  §  5. 

§  487.  Rate  of  drawback.  —  The  bounty  to  be  allowed  from 
and  after  the  first  day  of  December  next,  in  pursuance  of  the 
5th  section  of  this  act,  on  the  exportation  of  pickled  fish  of  the 
fisheries  of  the  United  States,  if  cured  with  foreign  salt,  will 
be  at  the  rate  of  2^  cents  per  bushel  of  56  pounds  on  the  salt 
used  in  curing  said  fish.  To  entitle  the  exporter  to  bounty,  a 
strict  compliance  must  be  had  with  the  retirements  of  the 
"  Act  laying  a  duty  on  imported  salt,  and  granting  a  bounty 
on  pickled  fish  exported,"  &c,  approved  29th  July,  1813.1 
Treas.  Reg.  Nov.  26,  1846. 

§  488.  False  entry,  penalty  for.  —  In  addition  to  the  for- 
feitures and  penalties  heretofore  provided  by  law,  for  making 
a  false  entry  with  the  collector  of  any  district,  of  any  goods, 
wares,  or  merchandise,  for  the  benefit  of  drawback  or  bounty 
on  exportation,  the  person  making  such  false  entry  shall  for- 
feit and  pay  to  the  United  States  a  sum  equal  to  the  value  of 
the  articles  mentioned  or  described  in  such  entry.  —  Act.  Feb. 
20,  1819,  §  20. 


VESSELS  ENGAGED  IN  THE    FISHERIES. 

§  489.  Qualifications  of  such  vessels.  —  Vessels  intended  to 
be  employed  in  the  cod  fishery,  or  the  mackerel  fishery,  are 
required  to  be  specially  licensed  therefor;2  but  vessels 
licensed  for  the  former  can  not  legally  engage  in  the  latter, 
and  are  liable  to  forfeiture  if  found  so  employed.3  Vessels 
licensed  for  the  mackerel  fishery,  however,  may  engage  in 
catching  cod,  or  fish  of  any  description  whatever,  without  ex- 
posing themselves  to  such  liability.4  Vessels  provided  with 
certificates  of  registry  may  engage  in  the  whale  fishery,  and 
the  possession  of  such  papers  entitles  them  to  the  privileges 

1  The  drawback  on  pickled  fish,  authorized  by  the  act  and  the  regulations 
of  the  department,  being  so  insignificant  that  it  is  now  rarely,  if  ever, 
claimed,  it  is  not  deemed  important  to  introduce  here  the  provisions  of  the 
act  of  1813,  referred  to  above. 

2  Act  Feb.  18,  1793,  §  1  ;  May  24,  1828,  §  1. 

3  Act  Feb.  18,  1793,]  32. 

4  Act  April  20,  1836,  §  1.  Accordingly,  vessels  or  boats  carrying  on  a 
mixed  fishery,  or  engaged  in  what  is  termed  the  market  fishery,  should 
take  out  a  mackerel  license.  Vessels  using  this  license  can  under  no  cir- 
cumstances, however,  be  entitled  to  bounty. 


VESSELS   ENGAGED   IN   THE   FISHEBIES.  2G3 

and  rights  of  registered  vessels  and  the  privileges  and  exemp- 
tions of  vessels  enrolled  and  licensed  for  the  fisheries.1 

§  490.  Vessels  engaged  in  the  cod  fishery  entitled  to  bounty. 
— There  shall  be  paid,  on  the  last  day  of  December,  annually, 
to  the  owner  of  every  fishing  boat  or  vessel,  or  his  agent,  by 
the  collector  of  the  district  where  such  boat  or  vessel  may 
belong,  that  shall  be  qualified,  agreeably  to  law,  for  carrying 
on  the  bank  and  other  cod  fisheries,  and  that  shall  actually 
have  been  employed  therein,  at  sea,  for  the  term  of  four 
months,  at  least,  of  the  fishing  season  next  preceding,  which 
season  is  accounted  to  be  from  the  last  day  of  February  to 
the  last  day  of  November  in  every  year,  for  each  and  every 
tun  of  such  boat's  or  vessel's  burden,  according  to  her  admeas- 
urement as  licensed  or  enrolled,  if  of  more  than  five  tuns,  and 
not  exceeding  thirty  tuns,  three  dollars  and  fifty  cents  ;  if 
above  thirty  tuns,  four  dollars  ;  and  if  above  thirty  tuns,  and 
having  had  a  crew  of  not  less  than  ten  persons,  and  having 
been  actually  employed  in  the  cod  fishery,  at  sea,  for  the  term 
of  three  and  one  half  months,  at  the  least,  but  less  than  four 
months  of  the  season  aforesaid,  three  dollars  and  fifty  cents  : 
Provided,  that  the  allowance  aforesaid,  on  any  one  vessel,  for 
one  season,  shall  not  exceed  three  hundred  and  sixty  dollars. 
Act  March  3,  1819,  §  1. 

§  491.  Agreement  to  be  entered  into  in  certain  cases.  — The 
master  or  skipper  of  any  vessel  of  the  burden  of  twenty  tuns  or 
upwards,  qualified,  according  to  law,  for  carrying  on  the  bank 
and  other  cod  fisheries,  bound  from  a  port  of  the  United 
States,  to  be  employed  in  any  such  fishery,  at  sea,  shall,  before 
proceeding  on  such  fishing  voyage,  make  an  agreement  in 
writing  or  print  with  every  fisherman  who  may  be  employed 
therein,  (except  only  an  apprentice  or  servant  of  himself  or 
owner,)  and,  in  addition  to  such  terms  of  shipment  as  may  be 
agreed  on,  shall,  in  such  agreement,  express  whether  the  same 
is  to  continue  for  one  voyage  or  for  the  fishing  season,  and 
shall  also  express  that  the  fish  or  the  proceeds  of  such  fishing 
voyage  or  voyages,  which  may  appertain  to  the  fishermen, 
shall  be  divided  among  them  in  proportion  to  the  quantities 
or  number  of  said  fish  which  they  may  respectively  have 
caught  ;2  which  agreement  shall  be  indorsed  or  countersigned 

"1  Act  April  4,  1840,  $  1. 

2  No  fishing  vessel,  of  which  the  fishermen,  or  any  one  of  them,  are  com- 
pensated for  their  services  on  board  by  wages,  or  in  any  other  manner  than 
by  the  division  of  the  fish,  or  the  proceeds  of  the  same,  as  required  by  law, 
is  entitled  to  bounty  ;  but  the  cook,  where  one  is  employed,  being  regarded 
as  the  servant  of  the  skipper  and  crew,  may  be  compensated  by  wages  with- 
out impairing  the  claim  of  the  vessel  to  bounty. —  Gen.  Reg.  Art.  733. 


264  VESSELS   ENGAGED   IN   THE   FISHEEIES. 

by  the  owner  of  such  fishing  vessel  or  his  agent.  Act  June 
19,  1813,  §  1. 

§  492.  Vessels  to  be  inspected  before  proceeding  on  voyage. 
—  Every  vessel  for  which  bounty  is  intended  to  be  claimed 
must  be  examined,  previous  to  her  departure  on  a  fishing 
voyage,  by  the  proper  officer  of  the  customs,  designated  for 
that  duty  by  the  collector  of  the  district  where  her  license  was 
issued,  or  some  other  district.  Such  officer  will  certify  in 
writing  whether  she  is  seaworthy,  and  duly  fitted  with  proper 
ground  tackle,  and  other  necessary  equipment ;  describing  her 
fishing  gear,  and  stating  whether  she  has  a  sufficient  crew  for 
her  tunnage ;  and  whether  the  master  and  three  fourths  of 
the  crew  are  citizens  of  the  United  States.  Such  certificate 
must  be  obtained  in  all  cases.  And  in  vessels  of  twenty  tuns 
and  upward,  it  should  appear  by  this  certificate  whether  the 
fishing  agreement  has  been  duly  executed  by  the  parties  as 
required  by  law.      Gen.  Beg.  Art.  735.  • 

§  493.  What  proofs  are  required  to  be  produced  to  obtain 
bounty.  —  In  the  case  of  a  vessel  of  the  burden  of  tiventy 
tuns  and  upivard,  the  owner  or  owners,  his  or  their  agent  or 
lawful  representative,  shall,  previous  to  receiving  the  allow- 
ance made  by  this  act,  produce  to  the  collector  who  is  author- 
ized to  pay  the  same,  the  original  agreement  or  agreements 
which  may  have  been  made  with  the  fishermen  employed  on 
board  such  vessel,  as  is  hereinbefore  required,  and  also  a  cer- 
tificate, to  be  by  him  or  them  subscribed,  therein  mentioning 
the  particular  days  on  which  such  vessel  sailed  and  returned 
on  the  several  voyages  or  fares  she  may  have  made  in  the 
preceding  fishing  season,  to  the  truth  of  which  he  or  they 
shall  swear  or  affirm,  before  the  collector  aforesaid.  Act. 
July  29,  1813,  §  7. 

In  the  case  of  a  boat  or  vessel  of  more  than  five  and  less  than 
twenty  tuns  burden,  an  account  from  the  owner  of  such  boat 
or  vessel  must  be  produced,  showing  that  there  have  been 
landed  therefrom,  during  the  preceding  season,  at  least  twelve 
quintals  of  fish,  when  dried  and  cured  fit  for  exportation, 
according  to  the  weight  thereof  at  the  time  of  delivery  when 
actually  sold,  for  each  tun  of  the  admeasurement  of  such  boat  or 
vessel ;  the  original  adjustment  and  settlement  of  the  fare 
or  fares  among  the  owners  and  the  fishermen  of  such  boat  gr 
vessel ;  a  written  account  of  the  length,  breadth,  and  depth 
of  such  boat  or  vessel,  and  the  time  she  has  actually  been  em- 
ployed at  sea  in  the  cod  fishery  exclusively  in  the  preceding 
season :  and  the  affidavit  or  affirmation  of  the  owner  or  his 


VESSELS   ENGAGED   IN   THE  FISHERIES.  2G5 

agent,  showing  that  each  of  these  documents  is  true. 
Ibid.  §  6. 

§  494.  Journals  or  log  books  to  be  kept  and  produced.  —  A 
regular  journal  or  log  book,  therefore,  must  be  kept,  day  by 
day,  on  board«a  fishing  vessel  while  at  sea.  It  must  contain 
the  dates  of  her  departure  from  and  arrival  at  every  port  or 
place  she  may  touch  at  during  her  voyages  or  fares,  and  the 
employment  of  the  vessel  while  at  sea ;  and  also  daily  or 
weekly  entries  of  the  catch  of  fish  by  each  person  on  board. 
Unless  the  original  journal  or  log  is  produced  to  the  collector, 
duly  verified  by  the  oath  or  affirmation  of  the  master  or  skip- 
per of  said  vessel,  it  will  not  be  considered  that  the  necessary 
evidence  of  the  employment  of  a  fishing  vessel  at  sea  in  the 
cod  fishery  is  presented.      Gen.  Meg.  Art.  736. 

§  495.  Conditions  and  restrictions  under  which  only  bounty 
may  be  allowed.  —  To  entitle  a  fishing  vessel  to  bounty,  she 
must  be  shown  to  have  been  employed  at  sea  exclusively  in 
catching  codfish,  for  the  purpose  of  being  dried  or  dry  cured, 
during  the  period  prescribed  by  law.  It  is  not  required  that 
the  entire  period  be  embraced  in  one  voyage,  or  fare,  or  in 
voyages  or  fares  immediately  succeeding  each  other ;  but  it  is 
indispensable  to  the  allowance  of  bounty  that  the  period  re- 
quired shall  be  comprehended  in  distinct  voyages  or  fares  in 
which  no  other  kind  of  fishery  is  pursued.  No  part  of  a  fare 
or  voyage  in  which  halibut,  mackerel,  or  any  other  fish,  are 
taken  as  an  object  of  pursuit,  as  well  as  cod,  can  be  reckoned 
as  a  portion  of  the  time  required  by  law  ;  where  other  fish  are 
taken  merely  as  bait  for  cod,  or  as  food  for  the  crew,  no  objec- 
tion will  be  made,  as  such  taking  is  regarded  as  strictly  sub- 
sidiary to  the  cod  fishery;  but  if  such  other  fish  remain  on  board 
until  the  close  of  the  fare  or  voyage,  and  are  carried  into  port, 
the  fare  or  voyage  must  be  regarded  as  one  of  mixed  fishery, 
which  can  not  be  taken  into  the  computation  of  the  time  re- 
quired by  law  for  the  allowance  of  bounty.  A  vessel  may  be 
exclusively  employed  in  the  codfishery  at  sea,  for  one,  two,  or 
three  months,  in  a  distinct  fare  or  fares  in  the  first  part  of  the 
fishing  season ;  then  pursue  the  mackerel  fishery  under  the 
license  required  by  law  ;  afterwards  may  surrender  her  mack- 
erel license,  and  then  complete  the  period  required  by  law  by 
another  distinct  fare  or  fares,  of  exclusive  employment  in  the 
codfishery,  previous  to  the  last  day  of  November.  But  the 
taking  of  mackerel  by  any  vessel  under  cod-fishing  license, 
except  as  bait  or  food  for  her  crew,  is  regarded  as  a  violation 
of  the  license  laws.  Such  illegal  fishery  during  any  season 
23 


266      CARRIAGE   OP   PASSENGERS   IN   STEAMBOATS,   ETC. 

will  forfeit  all  claim  to  bounty  for  that  season  ;  and  when  the 
fact  is  known  to  any  collector,  he  is  instructed  to  refuse  the 
allowance  thereafter  accordingly.  Vessels  employed  in  taking 
any  kind  of  fish  for  sale  and  consumption  in  a  fresh  or  green 
condition,  as  well  as  fish  to  be  preserved  by  pickling,  are  not 
within  the  bounty  laws ;  and  no  voyages  or  fares,  in  which 
such  fisheries  are  pursued,  can  be  lawfully  computed  as  any 
part  of  the  period  required  for  the  allowance  of  bounty.  Gen. 
Reg.  Art.  740,  741. 

§  496.  When  vessel  is  wrecked,  bounty,  how  obtained.  —  Ves- 
sels exclusively  employed  at  sea  in  the  cod  fishery  the  full  time 
required  to  entitle  them  to  bounty,  and  afterward  wrecked, 
may  be  allowed  bounty  under  the  provisions  of  the  act  of  26th 
May,  1824,  which  requires  the  evidence  of  the  loss  of  the  ves- 
sel to  be  transmitted  to  the  comptroller  for  his  decision  there- 
on. Under  the  act  of  3d  March,  1849,  this  duty  has  been 
transferred  to  the  commissioner  of  the  customs,  to  whom  the 
proof,  certified  by  the  collector  of  the  district  to  which  the 
vessel  belonged,  should  be  sent  for  his  official  direction  there- 
on.    Ibid.  Art.  743. 


CARRIAGE    OF    PASSENGERS    IN  STEAM- 
SHIPS AND   OTHER  VESSELS. 

§  497.  Number  of  passengers  to  be  proportioned  to  tunnage 
and  space  —  Penalty  for  excess.  —  No  master  of  any  vessel 
owned  in  whole  or  in  part  by  a  citizen  of  the  United  States,  or 
by  a  citizen  of  any  foreign  country,  shall  take  on  board  such 
vessel,  at  any  foreign  port  or  place,  other  than  foreign  contigu- 
ous territory  of  the  United  States,  a  greater  number  of  pas- 
sengers than  in  proportion  of  one  to  every  two  tuns  of  such 
vessel,  not  including  children,  under  the  age  of  one  year  in  the 
computation,  and  computing  two  children  over  one  and  under 
eight  years  of  age  as  one  passenger.1     The  spaces  appropriated 

1  It  will  be  observed  that,  whilst  this  act  prescribes  spaces  of  certain  clear 
superficial  feet  of  deck  to  each  passenger,  (other  than  cabin  passengers,)  it 
moreover  fixes  a  maximum  by  restricting  the  number  of  such  passengers 
allowed  to  be  carried  in  any  such  vessel  in  the  proportion  of  one  to  every  two 
tuns  of  said  vessel's  tunnage  measurement,  excluding  children  under  the 
age  of  one  year  in  the  computation,  and  computing  two  children  over  one 
and  under  eight  years  of  age  as  one  passenger.  It  follows,  that  though  a 
vessel  might  afford  clear  spaces  of  the  dimensions  indicated  for  a  greater 


CARRIAGE   OP   PASSENGERS   IN   STEAMBOATS,   ETC.      267 

for  the  use  of  such  passengers,  and  which  shall  not  be  occupied 
by  stores  or  other  goods  not  the  personal  baggage  of  such  pas- 
sengers, shall  be  in  the  following  proportions,1  viz. :  On  the  main 
and  poop  decks  or  platforms,  and  in  the  deck  houses,  if  there 
be  any,  one  passenger  for  each  sixteen  clear  superficial  feet  of 
deck,  if  the  hight  or  distance  between  the  decks  or  platform 
shall  not  be  less  than  six  feet ;  and  on  the  lower  deck,  (not 
being  an  orlop  deck,)  if  any,  one  passenger  for  eighteen  such 
clear  superficial  feet,  if  the  hight  or  distance  between  the 
decks  or  platforms  shall  not  be  less  than  six  feet,  but  so  as  that 
no  passenger  shall  be  carried  on  any  other  deck 'or  platform, 
nor  upon  any  deck  where  the  hight  or  distance  between  decks 
is  less  than  six  feet,  with  intent  to  bring  such  passenger  to 
the  United  States,  and  shall  leave  such  port  or  place  and  bring 
the  same,  or  any  number  thereof,  within  the  jurisdiction  of  the 
United  States  ;  or  if  any  such  master  of  any  vessel  shall  take 
on  board  his  vessel,  at  any  port  or  place  within  the  jurisdic- 
tion of  the  United  States,  any  greater  number  of  passengers 
than  in  the  proportion  aforesaifl  to  the  space  aforesaid,  or  to 
the  tunnage  aforesaid,  with  intent  to  carry  the  same  to  any 

number  of  passengers  than  one  to  every  two  tuns  of  her  tunnage  measure- 
ment, yet  if  the  number  shall  exceed  that  allowed  by  her  tunnage  measure- 
ment, the  penalties  imposed  by  the  law  would  attach ;  or  if  her  tunnage 
measurement  should  allow  a  greater  number  of  passengers  than,  according 
to  the  clear  spaces  prescribed  by  law,  she  could  carry,  yet,  if  the  number  shall 
exceed  that  allowed  by  the  clear  spaces  prescribed  by  law,  the  penalties  im- 
posed by  the  law  would  equally  attach.  In  other  words,<the  one  rule,  as  to 
the  number  of  passengers  a  vessel  is  entitled  to  carry,  is  a  limitation  upon 
the  other.  The  tunnage  of  each  vessel,  according  to  custom-house  measure- 
ment, must,  therefore,  be  ascertained,  as  well  as  the  measurement  of  the 
spaces  allotted  to  passengers,  in  order  to  determine  fne  number  of  passen- 
gers she  is  entitled  to  carry.     Gen.  Reg.  Art.  160. 

1  In  order  to  determine  the  number  of  passengers  a  vessel  is  entitled  to 
carry  in  accordance  with  the  spaces  prescribed  by  this  act,  the  hight  be- 
tween the  decks  must  be  measured,  not  as  heretofore  directed,  from  the  bot- 
tom edge  of  the  callings  or  deck  beams,  but  from  the  under  surface  of  the 
upper  deck  to  the  top  floor  below ;  and  no  space  shall  be  considered  availa- 
ble for  passengers  that  has  not,  when  measured  in  this  manner,  the  hight 
called  for  by  the  law,  as  the  case  may  be ;  nor  shall  any  space  in  the  vessel 
of  a  less  width  than  four  feet  be  measured ;  provided,  however,  if  the  vessel, 
shall,  in  accordance  with  the  provisions  of  the  first  section  of  this  act,  carry 
any  portion  of  her  cargo,  or  any  other  article  or  articles,  on  any  of  the  decks, 
cabins,  or  other  places  appropriated  to  the  use  of  passengers,  in  lockers,  or 
inclosures  prepared  for  the  purpose,  the  hight  between  decks  shall  be 
measured  from  the  under  surface  of  the  upper  deck  to  the  upper  surface  of 
said  lockers  or  inclosed  spaces,  which  shall  be  deemed  and  taken  to  be  the 
deck  or  platform  from  which  measurement  shall  be  made  for  all  the  purposes 
of  this  act,  and  the  spaces  occupied  by  said  lockers  or  inclosed  spaces  shall 
be  deducted  from  the  spaces  allowable  for  the  use  of  passengers. 

For  example :  The  spaces  in  the  main  and  poop  decks  or  platforms,  and 
in  the  deck  houses,  if  any  there  be,  will  be  16  by  6  =  96  feet ;  lower  deck, 
18  by  6  =  108  feet;  two-decked  vessels,  14  by  7\  =  105  feet.  Gen.  Reg. 
Art.  161. 


268      CARRIAGE   OF  PASSENGERS   IN   STEAMBOATS,   ETC. 

foreign  port  or  place  other  than  foreign  contiguous  territory 
as  aforesaid,  every  such  master  shall  be  deemed  guilty  of  a 
misdemeanor,  and,  upon  conviction  thereof,  before  any  Circuit 
or  District  Court  of  the  United  States,  shall,  for  each  passenger 
taken  on  board  beyond  the  limit  aforesaid,  or  the  space  afore- 
said, be  fined  in  the  sum  of  fifty  dollars,  and  may  also  be  im- 
prisoned, at  the  discretion  of  the  judge  before  whom  the  penalty 
shall  be  recovered,  not  exceeding  six  months  ;  but  should  it  be 
necessary  for  the  safety  or  convenience  of  the  vessel,  that  any 
portion  of  her  cargo  or  any  other  articles,  or  article,  should  be 
placed  on,  or  stored  in,  any  of  the  decks,  cabins,  or  other  places 
appropriated  to  the  use  of  passengers,  the  same  may  be  placed 
in  lockers  or  inclosures  prepared  for  the  purpose,  on  an  ex- 
terior surface  impervious  to  the  wave,  capable  of  being  cleansed 
in  like  manner  as  the  decks  or  platforms  of  the  vessel.  In  no 
case,  however,  shall  the  places  thus  provided  be  deemed  to  be 
a  part  of  the  space  allowable  for  the  use  of  passengers,  but  the 
same  shall  be  deducted  therefrom,  and  in  all  cases  where  pre- 
pared or  used,  the  upper  surface  of  said  lockers  or  inclosed 
spaces  shall  be  deemed  and  taken  to  be  the  deck  or  platform 
from  which  measurement  shall  be  made  for  all  the  purposes 
of  this  act.1  It  is  also  provided  that  one  hospital  in  the  spaces 
appropriated  to  passengers,  and  separate  therefrom  by  an  ap- 
propriate partition,  and  furnished  as  its  purposes  require,  may 
be  prepared,  and,  when  used,  may  be  included  in  the  space 
allowable  for  passengers,  but  the  same  shall  not  occupy  more 
than  one  hundred  superficial  feet  of  deck  or  platform  :  Pro- 
vided, That  on  board  two-deck  ships,  where  the  hight  between 
the  decks  is  seven  and  one  half  feet  or  more,  fourteen  clear 
superficial  feet  of  deck  shall  be  the  proportion  required  for 
each  passenger.     Act  March  3,  1855,  §  1. 

§  498.  Provision  respecting  berths,  number  of  tiers,  distance 
apart,  length,  width,  fyc. —  No  such  vessel  shall  have  more 
than  two  tiers  of  berths,  and  the  interval  between  the  lowest 
part  thereof  and  the  deck  or  platform  beneath  shall  not  be 
less  than  nine  inches,  and  the  berths  shall  be  well  constructed, 
parallel  with  the  sides  of  the  vessel,  and  separated  from  each 
other  by  partitions,  as  ^berths  ordinarily  are  separated,  and 
shall  be  at  least  six  feet  in  length  and  at  least  two  feet  in 

1  The  incumbering  by  merchandise  or  stores,  not  the  personal  baggage  of 
the  passengers,  except"  in  lockers  or  inclosures  prepared  for  the  purpose, 
of  any  part  of  the  space  occupied  by  the  passengers,  will  vitiate  the  whole 
space,  unless  the  part  so  incumbered  be  separated  from  that  so  occupied  by 
a  substantial  bulkhead.  The  deck  or  platform  must  be  of  a  permanent 
nature,  flush,  and  impervious  to  water.    Gen.  Reg.  Art.  161. 


CARRIAGE   OF  PASSENGERS   IN   STEAMBOATS,   ETC.      269 

width,  and  each  berth  shall  be  occupied  by  no  more  than  one 
passenger* ;  but  double  berths  of  twice  the  above  width  may 
be  constructed,  each  berth  to  be  occupied  by  no  more,  and  by 
no  other,  than  two  women,  or  by  one  woman  and  two  children 
under  the  age  of  eight  years,  or  by  husband  and  wife,  or  by 
a  man  and  two  of  his  own  children  under  the  age  of  eight 
years,  or  by  two  men,  members  of  the  same  family ;  and  if 
there  shall  be  any  violation  of  this  section  in  any  of  its  pro- 
visions, then  the  master  of  the  vessel  and  the  owners  thereof 
shall  severally  forfeit  and  pay  the  sum  of  five  dollars  for  each 
passenger  on  board  of  said  vessel  on  such  voyage,  to  be  re- 
covered by  the  United  States  in  any  port  where  such  vessel 
may  arrive  or  depart.     Ibid.  §  2. 

§  499.  Vessels  having  capacity  for  fifty  passengers  to  have 
house  over  passage-way  ;  if  for  one  hundred  and  fifty  or  more, 
two  such  houses.  —  All  vessels,  whether  of  the  United  States 
or  any  foreign  country,  having  sufficient  capacity  or  space 
according  to  law  for  fifty  or  more  passengers  (other  than  cabin 
passengers)  shall,  when  employed  in  transporting  such  passen- 
gers between  the  United  States  and  Europe,  have,  on  the  upper 
deck,  for  the  use  of  such  passengers,  a  house  over  the  passage- 
way leading  to  the  apartments  allotted  to  such  passengers  be- 
low deck,  firmly  secured  to  the  deck  or  combings  of  the  hatch, 
with  two  doors,  the  sills  of  which  shall  be  at  least  one  foot 
above  the  deck,  so  constructed  that  one  door  or  window  in 
such  house  may  at  all  times  be  left  open  for  ventilation ;  and 
all  vessels  so  employed,  and  having  the  capacity  to  carry  one 
hundred  and  fifty  such  passengers  or  more,  shall  have  two 
such  houses ;  and  the  stairs  or  ladder  leading  down  to  the 
aforesaid  apartment  shall  be  furnished  with  a  hand-rail  of 
wood  or  strong  rope  ;  but  booby  hatches  may  be  substituted 
for  such  houses.     Ibid.  §  3. 

§  500.  Provisions  respecting  ventilation.  —  Every  such 
vessel  so  employed,  and  having  the  legal  capacity  for  more 
than  one  hundred  such  passengers,  shall  have  at  least  two 
ventilators  to  purify  the  apartment  or  apartments  occupied  by 
such  passengers  ;  one  of  which  shall  be  inserted  in  the  after 
part  of  the  apartment  or  apartments,  and  the  other  shall  be 
placed  in  the  forward  portion  of  the  apartment  or  apartments, 
and  one  of  them  shall  have  an  exhausting  cap  to  carry  off  the 
foul  air,  and  the  other  a  receiving  cap  to  carry  down  the  fresh 
air ;  which  said  ventilators  shall  have  a  capacity  proportioned 
to  the  size  of  the  apartment  or  apartments  to  be  purified, 
namely  :  if  the  apartment  or  apartments  will  lawfully  author- 


270    CARRIAGE   OP  PASSENGERS  IN   STEAMBOATS,   ETC. 

ize  the  reception  of  two  hundred  such  passengers,  the  capacity 
of  such  ventilators  shall  each  be  equal  to  a  tube  of  twelve 
inches  diameter  in  the  clear,  and  in  proportion  for  larger  or 
smaller  apartments ;  and  all  said  ventilators  shall  rise  at  least 
four  feet  six  inches  above  the  upper  deck  of  any  such  vessel, 
and  be  of  the  most  approved  form  and  construction ;  but  if  it 
shall  appear,  from  the  report,  to  be  made  and  approved,  as 
hereinafter  provided,  that  such  vessel  is  equally  well  ventilated 
by  any  other  means,  such  other  means  of  ventilation  shall  be 
deemed  and  held  to  be  a  compliance  with  the  provisions  of 
this  section.     Ibid.  §  4. 

§  501.  Vessels  to  be  provided  with  cooking  apparatus.  — 
Every  vessel  carrying  more  than  fifty  such  passengers  shall 
have  for  their  use  on  deck,  housed  and  conveniently  arranged, 
at  least  one  camboose  or  cooking  range,  the  dimensions  of 
which  shall  be  equal  to  four  feet  long  and  one  foot  six  inches 
wide  for  every  two  hundred  passengers ;  and  provision  shall 
be  made  in  the  manner  aforesaid,  in  this  ratio,  for  a  greater  or 
less  number  of  passengers  ;  but  nothing  herein  contained  shall 
take  away  the  right  to  make  such  arrangements  for  cooking 
between  decks,  if  that  shall  be  deemed  desirable.     Ibid.  §  5. 

§  502.  Kinds  and  quantity  of  provisions  required —  Water  — 
Penalties  for  non-compliance.  —  All  vessels  employed  as  afore- 
said shall  have  on  board,  for  the  use  of  such  passengers,  at 
the  time  of  leaving  the  last  port  whence  such  vessel  shall  sail, 
well  secured  under  deck,  for  each  passenger,  at  least  twenty 
pounds  of  good  navy  bread,  fifteen  pounds  of  rice,  fifteen 
pounds  of  oatmeal,  ten  pounds  of  wheat  flour,  fifteen  pounds  of 
peas  and  beans,  twenty  pounds  of  potatoes,  one  pint  of  vine- 
gar, sixty  gallons  of  fresh  water,  ten  pounds  of  salted  pork, 
and  ten  pounds  of  salt  beef,  free  of  bone,  all  to  be  of  good 
quality ;  but  at  places  where  either  rice,  oatmeal,  wheat  flour, 
or  peas  and  beans  can  not  be  procured,  of  good  quality  and  on 
reasonable  terms,  the  quantity  of  either  or  any  of  the  other 
last-named  articles  may  be  increased  and  substituted  therefor ; 
and,  in  case  potatoes  can  not  be  procured  on  reasonable  terms, 
one  pound  of  either  of  said  articles  may  be  substituted  in  lieu 
of  five  pounds  of  potatoes ;  and  the  captains  of  such  vessels 
shall  deliver  to  each  passenger  at  least  one  tenth  part  of  the 
aforesaid  provisions  weekly,  commencing  on  the  day  of  sailing, 
and  at  least  three  quarts  of  water  daily ;  and  if  the  passengers 
on  board  of  any  such  vessel  in  which  the  provisions  and  water 
herein  required  shall  not  have  been  provided  as  aforesaid, 
shall  at  any  time  be  put  on  short  allowance  during  any  voyage, 


CARRIAGE   OF  PASSENGERS  IN   STEAMBOATS,   ETC.    271 

the  master  or  owner  of  any  such  vessel  shall  pay  to  each  and 
every  passenger  who  shall  have  been  put  on  short  allowance, 
the  sum  of  three  dollars  for  each  and  every  day  they  may 
have  been  put  on  short  allowance,  to  be  recovered  in  the  Cir- 
cuit or  District  Court  of  the  United  States  ;  and  it  shall  be  the 
duty  of  the  captain  or  master  of  every  such  ship  or  vessel,  to 
cause  the  food  and  provisions  of  all  the  passengers  to  be  well 
and  properly  cooked  daily,  and  to  be  served  out  and  distrib- 
uted to  them  at  regular  and  stated  hours  by  messes,  or  in  such 
other  manner  as  shall  be  deemed  best  and  most  conducive  to 
the  health  and  comfort  of  such  passengers,  of  which  hours  and 
manner  of  distribution  due  and  sufficient  notice  shall  be  given. 
If  the  captain  or  master  of  any  such  ship  or  vessel  shall  will- 
fully fail  to  furnish  and  distribute  such  provisions  cooked  as 
aforesaid,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
upon  conviction  thereof  before  any  Circuit  or  District  Court  of 
the  United  States,  shall  be  fined  not  more  than  one  thousand 
dollars,  and  shall  be  imprisoned  for  a  term  not  exceeding  one 
year:  Provided;  That  the  enforcement  of  this  penalty  shall 
not  affect  the  civil  responsibility  of  the  captain  or  master  and 
owners  to  such  passengers  as  may  have  suffered  from  said 
default.     Ibid.  §6. 

§  503.  Master  authorized  to  maintain  discipline;  regula- 
tions for  that  purpose  to  be  posted  up  —  Apartments  to  be  kept 
clean.  —  The  captain  of  any  such  vessel  so  employed  is  hereby 
authorized  to  maintain  good  discipline  and  such  Labits  of  clean- 
liness among  such  passengers  as  will  tend  to  the  preservation 
and  promotion  of  health ;  and  to  that  end,  he  shall  cause  such 
regulations  as  he  may  adopt  for  this  purpose  to  be  posted  up, 
before  sailing,  on  board  such  vessel,  in  a  place  accessible  to 
such  passengers,  and  shall  keep  the  same  so  posted  up  during 
the  voyage ;  and  it  is  hereby  made  the  duty  of  said  captain  to 
cause  the  apartments  occupied  by  such  passengers  to  be  kept 
at  all  times  in  a  clean,  healthy  state;  and  the  owners  of  every 
such  vessel  so  employed  are  required  to  construct  the  decks, 
and  all  parts  of  said  apartment,  so  that  it  can  be  thoroughly 
cleansed ;  and  they  shall  also  provide  a  safe,  convenient  privy 
or  water  closet  for  the  exclusive  use  of  every  one  hundred 
such  passengers.  And  when  the  weather  is  such  that  said  pas- 
sengers can  not  be  mustered  on  deck  with  their  bedding,  it 
shall  be  the  duty  of  the  captain  of  every  such  vessel  to  cause 
the  deck  occupied  by  such  passengers  to  be  cleansed  with 
chloride  of  lime,  or  some  other  equally  efficient  disinfecting 
agent,  and  also  at  such  other  times  as  said  captain  may  deem 
necessary.     Ibid.  §  7. 


272 

§  504.  Penalties  for  not  providing  houses  over  passage-ways, 
ventilators,  and  cooking  apparatus,  and  for  violating  the  pro- 
visions of  the  preceding  section.  —  The  master  and  owner  or 
owners  of  any  such  vessel  so  employed,  which  shall  not  be 
provided  with  the  house  or  houses  over  the  passage-ways,  as 
prescribed  in  the  third  section  of  this  chapter,  or  with  venti- 
lators, as  prescribed  in  the  fourth  section  of  this  chapter,  or  with 
the  cambooses  or  cooking  ranges,  with  the  houses  over  them, 
as  prescribed  in  the  fifth  section  of  this  chapter,  shall 
severally  forfeit  and  pay  to  the  United  States  the  sum  of  two 
hundred  dollars  for  each  and  every  violation  of,  or  neglect  to 
conform  to,  the  provisions  of  each  of  said  sections ;  and  fifty 
dollars  for  each  and  every  neglect  or  violation  of  any  of  the 
provisions  of  the  seventh  section  of  this  chapter,  to  be  recovered 
by  suit  in  any  Circuit  or  District  Court  of  the  United  States, 
within  the  jurisdiction  of  which  the  said  vessel  may  arrive,  or 
from  which  she  may  be  about  to  depart,  or  at  any  place  within 
the  jurisdiction  of  such  courts,  wherever  the  owner  or  owners 
or  captain  of  such  vessel  may  be  found.     Ibid.  §  8. 

§  505.  Vessels  to  be  examined  under  authority  of  col- 
lector. —  The  collector  of  the  customs  at  any  port  of  the 
United  States  at  which  any  vessel  so  employed  shall  arrive, 
or  from  which  any  such  vessel  shall  be  about  to  depart,  shall 
appoint  and  direct  one  or  more  of  the  inspectors  of  customs 
for  such  port  to  examine  such  vessel,  and  report  in  writing,  to 
such  collector,  whether  the  requirements  of  law  have  been 
complied  with  in  respect  to  such  vessel ;  and  if  such  report 
shall  state  such  compliance,  and  shall  be  approved  by  such 
collector,  it  shall  be  deemed  and  held  as  prima  facie  evidence 
thereof.1     Ibid.  §  9. 

§  506.  Provisions  relating  to  space  extended  to  vessels  pro- 
pelled in  whole  or  part  by  steam.  —  The  provisions,  requisi- 
tions, penalties,  and  liens  of  this  act,  relating  to  the  space  in 
vessels  appropriated  to  the  use  of  passengers,  are  hereby  ex- 
tended and  made  applicable  to  all  spaces  appropriated  to  the 
use  of  steerage  passengers  in  vessels  propelled  in  whole  or  in 
part  by  steam,  and  navigating  from,  to,  and  between  the  ports, 

1  At  some  of  the  ports,  collectors  or  surveyors  have  been,  it  appears,  in  the 
habit  of  giving  to  vessels  papers  purporting  to  be  certificates  of  their  legal 
capacity  for  the  carriage  of  passengers.  No  validity  attaches  to  such  a 
certificate,  as  it  is  not  authorized,  or  recognized^  by  any  law  of  the  United 
States,  and  consequently  no  officer  has  a  right  to  issue  it. 

The  responsibility,  in  such  cases,  must  rest  where  the  law  places  it,  on 
the  ship-owners,  whose  duty  it  is  to  ascertain  and  know  how  many  passen- 
gers their  vessels  can  lawfully  carry,  and  they  should  be  held  to  such  respon- 
sibility.    Gen.  Reg.  Art.  165\ 


etc.    273 

and  in  manner  as  in  this  act  named,  and  to  such  vessels  and 
to  the  masters  thereof;  and  so  much  of  the  act  entitled  "  An 
act  to  amend  an  act  entitled  '  An  act  to  provide  for  the  better 
security  of  the  lives  of  passengers  on  board  of  vessels  pro- 
pelled in  whole  or  in  part  by  steam,  and  for  other  purposes,'  " 
approved  August  30,  1852,  as  conflicts  with  this  act,  is  hereby 
repealed  ;  and  the  space  appropriated  to  the  use  of  steerage 
passengers  in  vessels  so  as  above  propelled  and  navigated,  is 
hereby  subject  to  the  supervision  and  inspection  of  the  col- 
lector of  the  customs  at  any  port  of  the  United  States,  at 
which  any  such  vessel  shall  arrive,  or  from  which  she  shall 
be  about  to  depart ;  and  the  same  shall  be  examined  and  re- 
ported in  the  same  manner,  and  by  the  same  officers,  by  the 
next  preceding  section  directed  to  examine  and  report.  Ibid. 
§10. 

§  507.  Vessels  bound  to  ports  in  the  Pacific  Ocean,  how 
fa?-  subject  to  foregoing  provisions.  —  Vessels  bound  from  any 
port  in  the  United  States  to  any  port  or  place  in  the  Pacific 
Ocean,  or  on  its  tributaries,  or  from  any  such  port  or  place 
to  any  port  in  the  United  States  on  the  Atlantic,  or  its  tribu- 
taries, shall  be  subject  to  the  foregoing  provisions  regulating 
the  carriage  of  passengers  in  merchant  vessels,  except  so 
much  as  relates  to  provisions  and  water ;  but  the  owners 
and  masters  of  all  such  vessels  shall  in  all  cases  furnish  to 
each  passenger  the  daily  supply  of  water  therein  mentioned ; 
and  they  shall  furnish  a  sufficient  supply  of  good  and  whole- 
some food,  properly  cooked  ;  and  in  case  they  shall  fail  so  to 
do,  or  shall  provide  unwholesome  or  unsuitable  provisions, 
they  shall  be  subject  to  the  penalty  provided  in  the  sixth  sec- 
tion of  this  chapter,  in  case  the  passengers  are  put  on  short 
allowance  of  water  or  provisions.     Ibid.  §  11. 

§  508.  Master  to  deliver  manifest  of  passengers.  —  The 
captain  or  master  of  any  ship  or  vessel  arriving  in  the  United 
States,  or  any*  of  the  territories  thereof,  from  any  foreign 
place  whatever,  at  the  same  time  that  he  delivers  a  manifest 
of  the  cargo,  and  if  there  be  no  cargo,  then  at  the  time  of 
making  report  or  entry  of  the  ship  or  vessel,  pursuant  to  law, 
shall  also  deliver  and  report  to  the  collector  of  the  district  in 
which  such  ship  or  vessel  shall  arrive,  a  list  or  manifest  of  all 
the  passengers  taken  on  board  of  the  said  ship  or  vessel  at 
any  foreign  port  or  place  ;  in  which  list  or  manifest  it  shall 
be  the  duty  of  the  said  master  to  designate,  particularly,  the 
age,  sex,  and  occupation  of  the  said  passengers  respectively, 
the  part  of  the  vessel  occupied  by  each  during  the  voyage, 


274     CARRIAGE   OF  PASSENGERS   IN   STEAMBOATS,   ETC. 

the  country  to  which  they  severally  belong,  and  that  of  which 
it  is  their  intention  to  become  inhabitants ;  and  shall  further 
set  forth  whether  any,  and  what  number,  have  died  on  the 
voyage  ;  which  list  or  manifest  shall  be  sworn  to  by  the  said 
master,  in  the  same  manner  as  directed  by  law  in  relation  to 
the  manifest  of  the  cargo ;  and  the  refusal  or  neglect  of  the 
master  aforesaid  to  comply  with  the  provisions  of  this  section, 
or  any  part  thereof,  shall  incur  the  same  penalties,  disabilities, 
and  forfeitures  as  are  provided  for  a  refusal  or  neglect  to  re- 
port and  deliver  a  manifest  of  the  cargo  aforesaid.  Ibid. 
§12. 

§  509.  Collectors  to  transmit  copies  to  department  of  state. 
-—  Each  and  every  collector  of  the  customs,  to  whom  such  man- 
ifest or  list  of  passengers  as  aforesaid  shall  be  delivered,  shall 
quarter-yearly  return  copies  thereof  to  the  Secretary  of  State 
of  the  United  States,  by  whom  statements  of  the  same  shall 
be  laid  before  Congress  at  each  and  every  session.  Ibid. 
§  13. 

§  510.  —  Master  to  pay  ten  dollars  for  every  passenger  who 
shall  have  died  on  the  voyage  —  Fund  so  collected,  how  to  be 
disposed  of.  —  In  case  there  shall  have  occurred  on  board  any 
ship  or  vessel  arriving  at  any  port  or  place  within  the  United 
States,  or  its  territories,  any  death  or  deaths  among  the  pas- 
sengers, (other  than  cabin  passengers,)  the  master,  or  captain, 
or  owner,  or  consignee  of  such  ship  or  vessel  shall,  within 
twenty-four  hours  after  the  time  within  which  the  report  and 
list  or  manifest  of  passengers  mentioned  in  section  twelve  of 
this  act  is  required  to  be  delivered  to  the  collector  of  the  cus- 
toms, pay  to  the  said  collector  the  sum  of  ten  dollars  for  each 
and  every  passenger  above  the  age  of  eight  years  who  shall 
have  died  on  the  voyage  by  natural  disease  ;  and  the  said 
collector  shall  pay  the  money  thus  received,  at  such  times 
and  in  such  manner  as  the  Secretary  of  the  Treasury,  by 
general  rules,  shall  direct,  to  any  board  or  commission 
appointed  by,  and  acting  under  the  authority  of,  the  state 
within  which  the  port  where  such  ship  or  vessel  arrived  is 
situated,  for  the  care  and  protection  of  sick,  indigent,  or  des- 
titute emigrants,  to  be  applied  to  the  objects  of  their  appoint- 
ment ;  and  if  there  be  more  than  one  board  or  commission 
who  shall  claim  such  payment,  the  Secretary  of  the  Treasury 
for  the  time  being  shall  determine  which  is  entitled  to  receive 
the  same,  and  his  decision  in  the  premises  shall  be  final  and 
without  appeal :  Provided,  that  the  payment  shall  in  no  case 
be  awarded  or  made  to  any  board,  or  commission,  or  association 


etc.    275 

formed  for  the  protection  or  advancement  of  any  particular 
class  of  emigrants,  or  emigrants  of  any  particular  nation  or 
creed ;  and  if  the  master,  captain,  owner,  or  consignee  of  any 
ship  or  vessel  refuse  or  neglect  to  pay  to  the  collector  the 
sum  and  sums  of  money  required,  and  within  the  time  pre- 
scribed by  this  section,  he  or  they  shall  severally  forfeit  and 
pay  the  sum  of  fifty  dollars,  in  addition  to  such  sum  of  ten 
dollars,  for  each  and  every  passenger  upon  whose  death  the 
same  has  become  payable,  to  be  recovered  by  the  United 
States  in  any  Circuit  or  District  Court  of  the  United  States 
where  such  vessel  may  arrive,  or  such  master,  captain,  owner, 
or  consignee  may  reside  ;  and  when  recovered,  the  said  money 
shall  be  disposed  of  in  the  same  manner  as  is  directed  with 
respect  to  the  sum  and  sums  required  to  be  paid  to  the  col- 
lector of  customs.     Ibid.  §14. 

§  511.  Vessels  may  be  libeled  for  'penalties.  —  The  amount 
of  the  several  penalties  imposed  by  the  foregoing  provisions 
regulating  the  carriage  of  passengers  in  merchant  vessels, 
shall  be  liens  on  the  vessel  or  vessels  violating  those  provis- 
ions, and  such  vessel  or  vessels  shall  be  libeled  therefor  in 
any  Circuit  or  District  Court  of  the  United  States  where  such 
vessel  or  vessels  shall  arrive.     Ibid.  §  15. 

§  512.  This  act  to  apply  to  vessels  employed  by  the  American 
Colonization  Society.  —  All  and  every  vessel  or  vessels  which 
shall  or  may  be  employed  by  the  American  Colonization  So- 
ciety, or  the  Colonization  Society  of  any  state,  to  transport, 
and  which  shall  actually  transport,  from  any  port  or  ports  of 
the  United  State?  to  any  colony  or  colonies  on  the  west 
coast  of  Africa,  colored  emigrants  to  reside  there,  shall  be, 
and  the  same  are  hereby,  subjected  to  the  operation  of  the 
foregoing  provisions  regulating  the  carriage  of  passengers  in 
merchant  vessels.     Ibid.  §  16. 

§  513.  Collectors  to  cause  emigrant  ships  to  be  inspected 
on  arrival,  and  report  to  be  made  to  Secretary  of  Treasury.  — 
The  collector  of  the  customs  shall  examine  each  emigrant  ship 
or  vessel  on  its  arrival  at  his  port,  and  ascertain  and  report  to 
the  Secretary  of  the  Treasury  the  time  of  sailing,  the  length 
of  the  voyage,  the  ventilation,  the  number  of  passengers, 
their  space  on  board,  their  food,  the  native  country  of  the 
emigrants,  the  number  of  deaths,  the  age  and  sex  of  those 
who  died  dicing  the  voyage,  together  with  his  opinion  of  the 
cause  of  the  mortalit}',  if  any,  on  board,  and  if  none,  what 
precautionary  measures,  arrangements,  or  habits  are  supposed 
to  have  had  any,  and  what,  agency  in  causing  the  exemption. 
JMd.  §17. 


276  THE    FRONTIER  TRADE. 


THE  FRONTIER  TRADE. 

§514.  British  subjects  and  Indians  entitled  to  free  navi- 
gation of  lakes,  rivers,  S?c.  —  For  the  purpose  of  conforming 
to  certain  stipulations  contained  in  treaties  made  and  rati- 
fied under  the  authority  of  the  United  States,  it  is  hereby 
declared,  that  it  shall,  at  all  times,  be  free  to  British  subjects, 
and  also  to  the  Indians  dwelling  on  either  side  of  the  bounda- 
ry line  of  the  United  States,  as  settled  by  the  treaty  of  peace, 
freely  to  pass  and  repass,  by  land  or  inland  navigation,  into 
and  from  the  territories  of  the  United  States,  and  to  navigate 
all  the  lakes,  rivers,  and  waters  thereof,  and  freely  to  carry 
on  trade  and  commerce  with  the  citizens  of  the  United  States. 
Act  March  2,  1799,  §  104. 

§  515.  No  duties  to  be  levied  on  goods  and  effects  of 
Indians.  —  jNo  duties  shall  be  levied  or  collected  on  the  im- 
portation of  peltries  brought  into  the  territories  of  the  United 
States,  nor  on  the  proper  goods  and  effects,  of  whatever 
nature,  of  Indians  passing  or  repassing  the  boundary  line 
aforesaid,  unless  the  same  be  goods  in  bales,  or  other  large 
packages,  unusual  among  Indians,  which  shall  not  be  consid- 
ered as  goods  belonging  bona  fide  to  Indians,  nor  be  entitled 
to  the  exemption  from  duty  aforesaid.1  And  no  higher,  or 
other,  tolls  or  ferriage,  than  what  are,  or  shall  be  payable  by 
citizens  of  the  United  States,  shall  be  demanded  of  British 
subjects  ;  and  no  duties  shall  be  payable  on  any  goods  which 
shall  merely  be  carried  over  any  of  the  portages,  or  carrying- 
places,  within  the  territories  of  the  United  States,  for  the 
purpose  of  being  immediately  reimbarked,  and  carried  to 
some  other  place  or  places.     Ibid.  §  105. 

§  516.  Person  coming  into  United  States  from  foreign 
adjacent  territory,  with  merchandise,  to  deliver  manifest  to 
nearest  collector.  —  It  shall  be  the  duty  of  the  master  of  any 

1  This  provision  of  law  exempts  from  the  payment  of  duties  the  "pel- 
tries "  and  " proper  goods  and  effects  "  of  the  Indians,  •'  unless  the  same  he 
goods  in  bales  or  other  large  packages,  unusual  among  Indians,  which  shall 
not  be  "  considered  goods  belonging  bona  fide  to  Indians,  nor  be  entitled  to 
exemption  from  duty."  The  officers  of  the  customs  will  therefore  refuse 
the  free  entry  of  goods  brought  across  the  boundary  line  oy  any  Indian, 
unless,  from  a  close  examination  of  the  case,  he  is  satisfied  that  they  belong 
bond,  fide  to  the  Indian  bringing  them  ;  and  in  cases  where  there  is  reason- 
able cause  for  suspicion  of  intended  fraud,  will  at  once  seize  the  goods,  and 
cause  the  proper  judicial  proceedings  to  be  instituted  against  the  same,  as 
forfeited  under  the  laws.     Treas.  Reg.  Sept.  22,  1853. 


THE    FRONTIER   TRADE.  277 

vessel,  except  registered  vessels,1  and  of  every  person  having 
charge  of  any  boat,  canoe,  or  raft,  and  of  the  conductor  or 
driver  of  any  carriage  or  sleigh,  and  of  every  other  person 
coming  from  any  foreign  territory  adjacent  to  the  United 
States  into  the  United  States,  with  merchandise  subject  to 
duty,  to  deliver,  immediately  on  his  or  her  arrival  within  the 
United  States,  a  manifest  of  the  cargo  or  loading  of  such 
vessel,  boat,  canoe,  raft,  carriage,  or  sleigh,  or  of  the  merchan- 
dise so  brought  from  such  foreign  territory,  at  the  office  of  any 
collector  or  deputy  collector  which  shall  be  nearest  to  the 
boundary  line,  or  nearest  to  the  road  or  waters  by  which 
such  merchandise  is  brought ;  and  every  such  manifest  shall 
be  verified  by  the  oath  of  such  person  delivering  the  same ; 
which  oath  shall  be  taken  before  such  collector  or  deputy  col- 
lector ;  and  such  oath  shall  state  that  such  manifest  contains 
a  full,  just,  and  true  account  of  the  kinds,  quantities,  and 
values,  of  all  the  merchandise  so  brought  from  such  foreign 
territory  ;  and  if  the  master,  or  other  person  having  charge 
of  such  vessel,  boat,  canoe,  or  raft,  or  the  conductor  or  driver 
of  such  carriage  or  sleigh,  or  other-  person,  bringing  mer- 
chandise as  aforesaid,  shall  neglect  or  refuse  to  deliver  the 
manifest  herein  required,  or  pass  by,  or  avoid,  such  office,  the 
merchandise  subject  to  duty,  and  so  imported,  shall  be  for- 
feited to  the  United  States,  together  with  the  vessel,  boat, 
canoe,  or  raft,  the  tackle,  apparel,  and  furniture  of  the  same, 
or  the  carriage  or  sleigh,  and  harness  and  cattle  drawing  the 
same,  or  the  horses,  with  their  saddles  and  bridles,  as  the 
case  may  be ;  and  such  master,  conductor,  or  other  importer 
shall  be  subjected  to  pay  a  penalty  of  four  hundred  dollars.2 
Act  March  2,  1821,  §  1. 

§  517.  Deputy  collector  authorized  to  require  payment  of 
duties  or  security  therefor.  —  Any  deputy  collector,  stationed 
in  any  district  of  the  customs  contiguous  to  a  foreign  territory, 
to  whom  a  manifest  of  merchandise,  subject  to  duty,  shall  be 
delivered  as  aforesaid,  is  hereby  authorized  to  require  of  the 
importer  of  such  merchandise  the  payment  of  the  duties 
thereon,  or  good  and  ample  security,  either  by  bond,  with  one 
or  more  sufficient  sureties,  for  the  payment  thereof,  or  by  the 
deposit  of  a  portion  of  such  merchandise,  equal,  at  least,  to 

1  By  the  act  of  March  2,  1799,  §  106,  it  is  required  that  these  vessels 
should  be  reported  to  the  collector  or  other  chief  officer  of  the  customs  at 
the  port  of  entry. 

2  The  provision  of  this  act,  imposing  a  penalty  of  four  hundred  dollars, 
was  modified  by  the  act  of  March  3,  1823,  §  1,  so  as  to  impose  in  lieu  there- 
of a  penalty  equal  to  four  times  the  value  of  the  merchandise. 

24 


278  THE    FRONTIER    TRADE. 

double  the  amount  of  the  duties  on  the  whole  importation ; 
which  bond  shall  be  canceled,  or  the  merchandise,  so  depos- 
ited, shall  be  delivered  to  the  owner,  on  the  producing  to  the 
deputy  collector  a  certificate  of  the  collector  of  the  district, 
that  the  duties  have  been  duly  paid.  —  Ibid.  §  2. 

§  518.  Vessels  of  the  United  States  on  the  northern,  north- 
eastern, and  north-western  frontiers  exempted  from  payment  of 
fees.  —  No  custom  house  fees  shall  be  levied  or  collected  on 
any  raft,  flat,  boat,  or  vessel  of  the  United  States  entering 
otherwise  than  by  sea  at  any  port  of  the  United  States  on 
the  rivers  and  lakes  on  our  northern,  north-eastern,  and  north- 
western frontiers.  —  Act  March  2,  1831,  §  1. 

§  519.  Duties  and  charges  on  British  vessels  entering  such 
ports.  —  The  same  and  no  higher  tunnage  duties  and  custom 
house  charges  of  any  kind  shall  be  levied  and  collected  on  any 
British  colonial  raft,  flat,  boat,  or  vessel,  entering  otherwise 
than  by  sea  at  any  port  of  the  United  States  on  the  rivers 
and  lakes  on  our  northern,  north-eastern,  and  north-western 
frontiers,  than  may  be  levied  and  collected  on  any  raft,  flat, 
boat,  or  vessel,  entering  otherwise  than  by  sea  at  any  of  the 
ports  of  the  British  possessions  on  our  northern,  north-eastern, 
and  north-western  frontiers ;  and  from  and  after  the  first 
day  of  April  next,  no  higher  discriminating  duty  shall  be 
levied  or  collected  on  merchandise  imported  into  the  United 
States  in  the  ports  aforesaid,  and  otherwise  than  by  sea, 
than  may  be  levied  and  collected  on  merchandise  when  im- 
ported in  like  manner,  otherwise  than  by  sea,  into  the  Brit- 
ish possessions  on  our  northern,  north-eastern,  and  north- 
western frontiers  from  the  United  States.     Ibid.  §  2. 

§  520.  Vessels  navigating  the  waters  on  said  frontiers  to  be 
enrolled  and  licensed.  —  From  and  after  the  passage  of  this 
act,  any  boat,  sloop,  or  other  vessel  of  the  United  States,  navi- 
gating the  waters  on  our  northern,  north-eastern,  and  north- 
western frontiers,  otherwise  than  by  sea,  shall  be  enrolled  and 
licensed  in  such  form  as  may  be  prescribed  by  the  Secretary 
of  the  Treasury ;  which  enrollment  and  license  shall  author- 
ize any  such  boat,  sloop,  or  other  vessel  to  be  employed  either 
in  the  coasting  or  foreign  trade ;  and  no  certificate  of  registry 
shall  be  required  for  vessels  so  employed  on  said  frontiers : 
Provided,  That  such  boat,  sloop,  or  vessel  shall  be,  in  every 
other  respect,  liable  to  the  rules,  regulations,  and  penalties 
now  in  force  relating  to  registered  vessels  on  our  northern, 
north-eastern,  and  north-western  frontiers.     Ibid.  §  3. 

§  521.  Frontier  districts  otherwise  subject  to  like  regulations 


OFFENSES   AGAINST  THE  REVENUE  LAWS.  279 

OS  districts  on  seaboard.  —  In  respect  to  goods  imported  into 
any  of  the  districts  on  the  northern,  north-western,  and  west- 
ern boundaries  of  the  United  States,  like  entries  shall  be 
made  by  the  owners  or  consignees,  and  the  powers  and  duties 
of  the  officers  of  the  customs  shall  be  exercised  and  dis- 
charged, in  the  districts  last  mentioned,  in  like  manner  as  is 
directed  and  prescribed  in  respect  to  goods,  wares,  and  mer- 
chandise imported  into  the  United  States  in  vessels  from  the 
sea ;  and,  generally,  all  importations  as  aforesaid  shall  be 
subject  to  like  regulations,  penalties,  and  forfeitures  as  in 
other  districts,  except  as  specially  provided.  Act  March  2, 
1799,  §  106. 


OFFENSES   AGAINST  THE    REVENUE 
LAWS. 

§  522.  Importation  of  merchandise  without  manifest.  — If 
any  goods,  wares,  and  merchandise  shall  be  imported  or 
brought  into  the  United  States  in  any  ship  or  vessel  whatever 
belonging,  in  the  whole  or  in  part,  to  a  citizen  or  citizens,  in- 
habitant or  inhabitants  of  the  United  States,  from  any  foreign 
port  or  place,  without  having  a  manifest  or  manifests  on 
board,  or  which  shall  not  be  included  or  described  therein,  or 
shall  not  agree  therewith,  —  in  every  such  case  the  master, 
or  other  person  having  the  charge  or  command  of  such  ship 
or  vessel,  shall  forfeit  and  pay  a  sum  of  money  equal  to  the 
value  of  such  goods  not  included  in  such  manifest  or  mani- 
fests ;  and  all  such  merchandise  not  included  in  the  manifest, 
belonging  or  consigned  to  the  master,  mate,  officers,  or  crew  of 
such  ship  or  vessel  shall  be  forfeited.    Act  March  2, 1799,  §  24. 

§  523.  Neglect  to  be  provided  with  manifest  on  arrival 
within  four  leagues  of  coast,  and  to  produce  the  same  when 
required.  —  If  the  master  or  other  person  having  the  charge 
or  command  of  any  ship  or  vessel,  laden  as  aforesaid,  and 
bound  to  any  port  or  place  in  the  United  States,  shall  not, 
upon  his  arrival  within  four  leagues  of  the  coast  thereof, 
or  within  the  limits  of  any  district  thereof,  where  the  cargo 
of  such  ship  or  vessel,  or  any  part  thereof,  is  intended  to  be 
discharged,  produce  such  manifest  or  manifests  as  are  required, 
in  writing,  to  the  proper  officer  or  officers,  upon  demand 
thereof,  and  also  deliver  copy  or  copies  thereof  in  each  case, 


280  OFFENSES  AGAINST  THE  REVENUE  LAWS. 

or  shall  not  give  an  account  of  the  true  destination  of  such 
ship  or  vessel,  which  he  is  hereby  required  to  do,  upon  request 
of  such  officer  or  officers,  or  shall  give  a  false  account  of  such 
destination,  in  order  to  evade  the  production  of  the  said  mani- 
fest or  manifests,  the  said  master,  or  other  person  having  the 
charge  or  command  of  such  ship  or  vessel,  shall  forfeit,  for 
every  such  neglect,  refusal,  or  offense,  a  sum  not  exceeding 
five  hundred  dollars.     Ibid.  §26. 

§  524.  Unlading  cargo  before  coming  to  proper  place  of 
discharge  and  being  authorized  so  to  do.  —  If,  after  the  arrival 
of  any  ship  or  vessel,1  so  laden  with  goods  as  aforesaid,  and 
bound  to  the  United  States,  within  the  limits  of-  any  of  the 
districts  of  the  United  States,  or  within  four  leagues  of  the 
coast  thereof,  any  part  of  the  cargo  of  such  ship  or  vessel 
shall  be  unladen,  for  any  purpose  whatever,  from  out  of  such 
ship  or  vessel  as  aforesaid,  before  such  ship  or  vessel  shall 
come  to  the  proper  place  for  the  discharge  of  her  cargo,  or 
some  part  thereof,  and  shall  be  there  duly  authorized,  by  the 
proper  officer  or  officers  of  the  customs,  to  unlade  the  same, 
the  master,  or  other  person  having  the  charge  or  command  of 
such  ship  or  vessel,  and  the  mate,  or  other  person  next  in  com- 
mand, shall,  respectively,  forfeit  and  pay  the  sum  of  one 
thousand  dollars  for  each  such  offense,  and  the  goods,  wares, 
and  merchandise  so  unladen  and  unshipped  shall  be  forfeited 
and  lost,  except  in  the  case  of  some  unavoidable  accident, 
necessity,  or  distress  of  weather ;  of  which  unavoidable  acci- 
dent, necessity,  or  distress,  the  master,  or  other  person  having 
the  charge  or  command  of  such  ship  or  vessel,  shall  give 
notice  to,  and  together  with  two  or  more  of  the  officers  or 
mariners,  (of  which  the  mate,  or  other  person  next  in  com- 
mand, shall  be  one,)  on  board  such  ship  or  vessel,  shall  make 
proof,  upon  oath,  before  the  collector,  or  other  chief  officer  of 
the  customs,  of  the  district  within  the  limits  of  which  such 
accident,  necessity,  or  distress  shall  happen,  or  before  the 
collector,  or  other  chief  officer  of  the  first  district  of  the 
United  States,  within  the  limits  of  which  such  ship  or  vessel 
shall  afterward  arrive,  if  the  said  accident,  necessity,  or  dis- 
tress shall  have  happened  not  within  the  limits  of  any  district, 
but  within  four  leagues  of  the  coast  of  the  United  States; 
which  oath  the  said  collector,  or  other  chief  officer,  is  hereby 
authorized  and  required  to  administer.     Ibid.  §  27. 

§  525.   Putting  or  receiving  goods  so  unladen  into  another 

1  This  provision  is  held  to  comprehend  foreign  vessels,  as  well  as  vessels 
belonging  to  citizens  of  the  United  States. 


OFFENSES   AGAINST  THE  REVENUE  LAWS.  281 

ship,  vessel,  or  boat.  —  If  any  goods,  wares,  and  merchandise, 
bo  unladen  from  on  board  any  such  ship  or  vessel,  shall  be 
put  or  received  into  any  other  ship,  vessel,  or  boat,  except  in 
the  case  of  such  accident,  necessity,  or  distress  as  aforesaid, 
to  be  notified  and  proved  as  aforesaid,  the  said  master,  or 
other  person  having  the  charge  or  command  of  any  such  ship, 
vessel,  or  boat,  into  which  the  said  goods,  wares,  or  merchan- 
dise shall  be  so  put  and  received,  and  every  other  person 
aiding  and  assisting  therein,  shall  forfeit  and  pay  treble  the 
value  of  the  said  goods,  wares,  or  merchandise,  and  the  ship, 
boat,  or  vessel,  in  which  they  shall  be  so  put,  shall  be  for- 
feited and  lost.     Ibid.  §  28. 

§  526.  Vessel  ivhich  shall  have  arrived  within  the  limits  of 
a  collection  district  departing  before  report  or  entry.  —  If  any 
ship  or  vessel  which  shall  have  arrived  within  the  limits  of 
any  district  of  the  United  States,  from  any  foreign  port  or 
place,  shall  depart,  or  attempt  to  depart,  from  the  same,  unless 
by  reason  of  distress  of  weather,  pursuit  or  duress  of  ene- 
mies, or  to  proceed  on  her  way  to  some  more  interior  district,1 
to  which  she  may  be  bound,  before  report  or  entry  shall  have 
been  made  by  the  master,  or  other  person  having  the  charge 
or  command  of  such  ship  or  vessel,  with  the  collector  of  some 
district  of  the  United  States,  the  said  master,  or  other  person 
having  such  charge  or  command,  shall  forfeit  and  pay  the  sum 
of  four  hundred  dollars  ;  and  it  shall  be  lawful  for  any  col- 
lector, naval  officer,  surveyor,  or  commander  of  any  of  the 
revenue  cutters  of  the  United  States,  to  arrest  and  bring  back, 
or  cause  to  be  arrested  and  brought  back,  such  ship  or  vessel, 
to  such  port  of  the  United  States  to  which  it  may  be  most 
conveniently  done.     Ibid.  §  29. 

§  527.  Landing  of  goods  in  the  night  time  or  without  per- 
mit. —  No  goods,  wares,  or  merchandise,  brought  in  any  ship 
or  vessel  from  any  foreign  port  or  place,  shall  be  unladen  or 
delivered  from  such  ship  or  vessel,  within  the  United  States, 
but  in  open  day,  that  is  to  say,  between  the  rising  and  set- 
ting of  the  sun,  except  by  special  license  from  the  collector 
of  the  port,  and  naval  officer  of  the  same,  where  there  is  one, 
for  that  purpose,  nor  at  any  time  without  a  permit  from  the 

1  The  words  "  more  interior  district"  are  to  be  understood,  in  the  com- 
mon sense  of  those  terms,  as  referring  to  a  district  farther  within  the  inlets 
of  the  adjacent  country.  In  this  sense  New  York  is  not  a  "more  interior 
district "  with  reference  to  Barnstable,  as  to  vessels  bound  from  Nova 
Scotia  to  New  York.  The  provisions  of  the  law  prohibiting  vessels,  after 
arrival  within  the  limits  of  a  collection  district,  from  departing,  or  attempt- 
ing to  depart,  before  report  or  entry,  comprehend  foreign  as  well  as  Ameri- 
can vessels  bound  to  the  "United  States.     Gen.  Reg.  Art.  107. 


282  OFFENSES  AGAINST  THE  REVENUE  LAWS. 

collector  and  naval  officer,  if  any,  for  such  unlading  or  deliv- 
ery ;  and  if  any  goods,  wares,  or  merchandise  shall  be 
unladed  or  delivered  from  any  such  ship  or  vessel,  contrary  to 
the  direction  aforesaid,  or  any  of  them,  the  master  or  person 
having  the  charge  or  command  of  such  ship  or  vessel,  and 
every  other  person  who  shall  knowingly  be  concerned,  or  aid- 
ing, therein,  or  in  removing,  storing,  or  otherwise  securing, 
the  said  goods,  wares,  or  merchandise,  shall  forfeit  and  pay, 
each  and  severally,  the  sum  of  four  hundred  dollars  for  each 
offense,  and  shall  be  disabled  from  holding  any  office  of  trust 
or  profit  under  the  United  States  for  a  term  not  exceeding 
seven  years.  And  all  goods,  wares,  or  merchandise,  so  un- 
laden or  delivered,  shall  become  forfeited,  and  may  be  seized 
by  any  of  the  officers  of  the  customs ;  and  where  the  value 
thereof,  according  to  the  highest  market  price  of  the  same,  at 
the  port  or  district  where  landed,  shall  amount  to  four  hun- 
dred dollars,  the  vessel,  tackle,  apparel,  and  furniture  shall 
be  subject  to  like  forfeiture  and  seizure.1     Ibid.  §  50. 

§  528.  Goods  subject  to  duty,  found  concealed,  shall  be  for- 
feited. —  Every  collector,  naval  officer,  and  surveyor,  or  other 
person  specially  appointed,  by  either  of  them,  for  that  purpose, 
shall  have  full  power  and  authority  to  enter  any  ship  or  ves- 
sel, in  which  they  shall  have  reason  to  suspect  any  goods, 
wares,  or  merchandise,  subject  to  duty,  are  concealed,  and 
therein  to  search  for,  seize,  and  secure  any  such  goods,  wares, 
or  merchandise ;  and  if  they  shall  have  cause  to  suspect  a 
concealment  thereof  in  any  particular  dwelling  house,  store, 
building,  or  other  place,  they  or  either  of  them  shall,  upon 
proper  application,  on  oath,  to  any  justice  of  the  peace,  be 
entitled  to  a  warrant  to  enter  such  house,  store,  or  other  place, 
(in  the  day  time  only,)  and  there  to  search  for  such  goods ; 
and  if  any  shall  be  found,  to  seize  and  secure  the  same  for 
trial ;  and  all  such  goods,  wares,  and  merchandise,  on  which 
the  duties  shall  not  have  been  paid,  or  secured  to  be  paid,  shall 
be  forfeited.     Ibid.  §  68. 

§  529.  Goods  entered  on  an  invoice  below  the  actual  cost, 
with  intent  to  evade  duties,  liable  to  forfeiture.  —  If  any  goods, 
wares,  or  merchandise,  of  which  entry  shall  have  been  made 
in  the  office  of  a  collector,  shall  not  be  invoiced  according  to 
the  actual  cost  thereof  at  the  place  of  exportation,  with  design 
to  evade  the  duties  thereupon,  or  any  part  thereof,  all  such 
goods,  wares,  or  merchandise,  or  the  value  thereof,  to  be  recov- 
ered of  the  person  making  entry,  shall  be  forfeited.     Ibid.  §66. 

1  Free  goods,  no  less  than  those  subject  to  duty,  are  liable  to  seizure  if 
landed  contrary  to  the  provisions  of  this  section. 


OFFENSES   AGAINST  THE  REVENUE  LAWS.  283 

§  530.  Goods  which  differ  from  the  entry  of  the  same,  sub- 
ject to  seizure  and  forfeiture.  —  It  shall  be  lawful  for  the  col- 
lector, naval  officer,  or  other  officer  of  the  customs,  after  entry 
made  of  any  goods,  wares,  or  merchandise,  on  suspicion  of 
fraud,  to  open  and  examine,  in  the  presence  of  two  or  more 
reputable  merchants,  any  package  or  packages  thereof;  and 
if,  upon  examination,  any  of  the  packages  so  examined  shall 
be  found  to  differ  in  their  contents  from  the  entry,  then  the 
goods,  wares,  or  merchandise,  contained  in  such  package  or 
packages,  shall  be  forfeited : 1  Provided,  That  the  said  forfeit- 
ure shall  not  be  incurred,  if  it  shall  be  made  to  appear,  to  the 
satisfaction  of  the  collector  and  naval  officer  of  the  district 
where  the  same  shall  happen,  if  there  be  a  naval  officer,  and 
if  there  be  no  naval  officer,  to  the  satisfaction  of  the  said  col- 
lector, or  of  the  court  in  which  a  prosecution  for  the  forfeiture 
shall  be  had,  that  such  difference  proceeded  from  accident  or 
mistake,  and  not  from  an  intention  to  defraud  the  revenue. 
Ibid.  §  67. 

§  531.  Penalty  for  concealing  or  buying  goods  liable  to 
seizure.  —  If  any  person  or  persons  shall  conceal,  or  buy,  any 
goods,  wares,  or  merchandise,  knowing  them  to  be  liable  to 
seizure  by  this  act,  such  person  or  persons  shall,  on  conviction 
thereof,  forfeit  and  pay  a  sum  double  the  amount  or  value  of 
the  goods,  wares,  or  merchandise  so  concealed  or  purchased. 
Ibid.  §  69. 

§  532.  Besisti?ig  or  obstructing  officers  of  customs,  hoio 
punished.  —  And  if  any  person  shall  forcibly  resist,  prevent, 
or  impede,  any  officers  of  the  customs,  or  their  deputies,  or  any 
person  assisting  them,  in  the  execution  of  their  duty,  such  per- 
son, so  offending,  shall,  for  every  such  offense,  be  fined  in  a 
sum  not  exceeding  four  hundred  dollars.  And  if  any  master, 
or  other  person  having  the  charge  or  command  of  any  ship  or 
vessel  coming  into,  or  arriving  at,  any  port  or  place  within 
the  United  States,  shall  obstruct  or  hinder,  or  shall  be  the 
cause  or  means  of  any  obstruction  or  hinderance,  with  such 
an  intent,  to  any  officer  of  the  customs  or  revenue,  in  going 
on  board  such  ship  or  vessel,  for  the  purpose  of  carrying  into 

1  In  all  cases  where  imports  subject  to  duty  are  seized  for  a  violation  of 
the  revenue  and  collection  laws,  as  the  right  to  duties  accrues  to  the  United 
States  on  the  arrival  of  the  merchandise  within  the  limits  of  a  port  of  entry 
with  intent  to  unlade  the  same,  the  legal  duties  must  be  collected  and  re- 
tained in  the  treasury,  whether  the  merchandise  be  decreed  forfeited  or  not. 
Merchandise  fraudulently  invoiced  may  be  seized  and  forfeited,  though  the 
duties  have  been  paid,  and  the  goods  delivered  to  the  importer.  Gen.  Reg. 
Art.  866. 


284  OFFENSES   AGAINST  THE  REVENUE  LAWS. 

effect  any  of  the  revenue  laws  of  the  United  States,  he  shall 
forfeit,  for  every  such  offense,  a  sum  not  exceeding  five  hun- 
dred dollars,  nor  less  than  fifty  dollars.     Ibid.  §  71. 

§  533.  When  invoice  is  made  up  with  intent  to  defraud,  by 
false  valuation,  extension,  or  otherwise,  goods  shall  he  forfeited. 
—  Whenever  any  package  or  packages  of  goods,  designated 
for  examination,  shall  be  found  not  to  correspond  with  the  in- 
voice, or  to  be  falsely  charged  in  such  invoice,  the  collector 
shall  order,  forthwith,  all  the  goods  contained  in  the  same  en- 
try to  be  inspected  ;  and  if  such  goods  be  subject  to  ad  valo- 
rem duty,  the  same  shall  be  appraised,  and  if  any  package 
shall  be  found  to  contain  any  article  not  described  in  the  in- 
voice, or  if  such  package  or  invoice  be  made  up  with  intent, 
by  a  false  valuation,  or  extension,  or  otherwise,  to  evade  or 
defraud  the  revenue,  the  same  shall  be  forfeited.  Act  May 
28,1830,  §4. 

§  534.  Smuggling,  and  making  or  passing  false  invoice, 
declared  misdemeanors.  —  If  any  person  shall  knowingly  and 
willfully,  with  intent  to  defraud  the  revenue  of  the  United 
States,  smuggle  or  clandestinely  introduce  into  the  United 
States  any  goods,  wares,  or  merchandise  subject  to  duty  by 
law,  and  which  should  have  been  invoiced,  without  paying  or 
accounting  for  the  duty,  or  shall  make  out,  or  pass,  or  attempt 
to  pass,  through  the  custom  house,  any  false,  forged,  or  fraud- 
ulent invoice,  every  such  person,  his,  her,  or  their  aiders  and 
abettors,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  thereof,  shall  be  fined  in  any  sum  not  exceeding 
five  thousand  dollars,  or  imprisoned  for  any  term  of  time  not 
exceeding  two  years,  or  both,  at  the  discretion  of  the  court. 
Act  Aug.  30,  1842,  §  19. 

§  535.  In  cases  of  seizure,  burden  of  proof  to  lie  upon 
claimant.  —  In  actions,  suits,  or  informations  to  be  brought, 
where  any  seizure  shall  be  made,  if  the  property  be  claimed 
by  any  person,  in  every  such  case  the  onus  probandi  shall  lie 
upon  such  claimant :  Provided,  probable  cause  is  shown  for 
such  prosecution,  to  be  judged  of  by  the  court  before  whom 
the  prosecution  is  had.     Act  March  2,  1799,  §  71. 

Mitigation   and    Remission    of    Forfeitures,    Penal- 
ties, and  Disabilities. 

§  536.  Whenever  any  person  or  persons,  who  shall  have 
incurred  any  fine,  penalty,  forfeiture,  or  disability,  or  shall 
have  been  interested  in  any  vessel,  goods,  wares,  or  merchan- 


OFFENSES  AGAINST  THE  EEVENUE  LAWS.  285 

dise,  which  shall  have  been  subject  to  any  seizure,  forfeiture, 
or  disability,  by  force  of  any  present  or  future  law  of  the 
United  States,  for  the  laying,  levying,  or  collecting  any  duties 
or  taxes,  or  by  force  of  any  present  or  future  act,  concerning 
the  registering  and  recording  of  ships  or  vessels,  or  any  act  con- 
cerning the  enrolling  and  licensing  ships  or  vessels  employed 
in  the  coasting  trade  or  fisheries,  and  for  regulating  the  same,1 
shall  prefer  his  petition  to  the  judge  of  the  district,  in  which 
such  fine,  penalty,  forfeiture,  or  disability,  shall  have  accrued, 
truly  and  particularly  setting  forth  the  circumstances  of  his 
case,2  and  shall  pray  that  the  same  may  be  mitigated  or  remit- 
ted, the  said  judge  shall  inquire,  in  a  summary  manner,  into 
the  circumstances  of  the  case  ;  first  causing  reasonable  notice 
to  be  given  to  the  person  or  persons  claiming  such  fine,  pen- 
alty, or  forfeiture,  and  to  the  attorney  of  the  United  States  for 
such  district,  that  each  may  have  an  opportunity  of  showing 
cause  against  the  mitigation  or  remission  thereof;  and  shall 
cause  the  facts,  which  shall  appear  upon  such  inquiry,  to  be 
stated  and  annexed  to  the  petition,  and  direct  their  transmis- 
sion to  the  Secretary  of  the  Treasury  of  the  United  States,  who 
shall  thereupon  have  power  to  mitigate  or  remit  such  fine,  for- 
feiture, or  penalty,  or  remove  such  disability,  or  any  part 
thereof,  if,  in  his  opinion,  the  same  shall  have  been  incurred 
without  willful  negligence,  or  any  intention  of  fraud,  in  the 
person  or  persons  incurring  the  same  ;  and  to  direct  the  pros- 
ecution, if  any  shall  have  been  instituted  for  the  recovery 
thereof,  to  cease  and  be  discontinued,  upon  such  terms  or  con- 
ditions as  he  may  deem  reasonable  and  just.  Act  March  3, 
1797,  §1. 

§  537.  But  where  the  fine,  penalty,  or  forfeiture  does  not 
exceed  fifty  dollars  in  amount  or  value,  application  for  remis- 

1  Fines,  penalties,  forfeitures,  and  disabilities,  incurred  under  the  act  of 
August  30,  1852,  regulating  the  carriage  of  passengers  in  steamships  and 
other  vessels,  and  providing  for  the  better  security  of  the  lives  of  passengers 
on  board  of  vessels  propelled  in  whole  or  in  part  by  steam,  and  under  the 
passenger  act  of  March  3,  1855,  so  far  as  the  remission  of  fines,  penalties, 
and  forfeitures,  and  removal  of  disabilities  is  concerned,  have  been  decided 
to  fall  under  the  provisions  of  the  act  of  March  3,  1797,  or  that  of  14th  July 
1832,  as  the  case  may  be,  and  applications  under  these  acts,  presented  in 
due  form,  will  be  entertained  accordingly.     Gen.  Reg.  Art.  896. 

2  The  petition  of  the  party  seeking  relief  should  set  forth  particularly  and 
truly  the  circumstances  under  which  the  fine,  penalty,  forfeiture,  or  disabil- 
ity was  incurred,  with  a  distinct  admission  (if  there  has  been  no  judgment 
of  court)  that  he  has  incurred  the  same,  and  a  distinct  averment,  also,  that 
he  has  not  been  guilty  of  wilful  negligence  or  any  intention  of  fraud.  The 
Secretary  of  the  Treasury  will  act  on  no  application  for  remission  unless  the 
proceedings  at  law  have  been  determined,  or  the  forfeitxire  be  admitted  in 
the  petition  to  have  been  incurred.     Gen.  Reg.  Art.  886,  887. 


286  MARINE  HOSPITAL  FUND. 

sion  may  be  made  directly  to  the  Secretary  of  the  Treasury. 

In  all  cases  of  fine,  penalty,  or  forfeiture,  mentioned  and  em- 
braced in  the  foregoing  act,  and  not  exceeding  fifty  dollars  in 
amount,  or  value,  the  Secretary  of  the  Treasury  is  hereby  au- 
thorized, if  in  his  opinion  the  said  fine,  penalty,  or  forfeiture 
was  incurred  without  willful  negligence  or  intention  of  fraud, 
to  prescribe  such  rules  and  mode  of  proceeding,  to  ascertain 
the  facts,  as  in  his  opinion  may  be  convenient  and  proper, 
without  regard  to  the  provisions  above  referred  to  ;  and  upon 
the  said  facts,  so  to  be  ascertained  as  aforesaid,  the  said  Secre- 
tary may  exercise  all  the  power  conferred  upon  him  in  and 
by  said  act,  as  fully  as  he  might  have  done  had  said  facts  been 
ascertained  under  and  according  to  the  provisions  of  said  act.1 
Act  July  14,  1832,  §  1. 


MARINE  HOSPITAL   FUND. 

§  538.  Collection  of  hospital  money.  — The  sum  of  twenty 
cents  per  month,  each,  is  to  be  collected  from  seamen  employed 
on  board  all  registered  steam  and  other  ships  or  vessels  of  the 
United  States  engaged  in  foreign  trade,  and  all  steam  and 
other  ships  or  vessels,  including  boats,  rafts,  and  flats,  of  not 
less  than  five  tuns  burden,  licensed  to  carry  on  the  coasting 
trade,  except  canal  boats  without  masts  or  steam  power,  and 
on  board  all  registered  vessels  engaged  in  the  coasting  trade.2 
Gen.  Reg.  Art.  762. 

§  539.  Who  are  seamen  within  the  meaning  of  the  laws. — 
The  term  seamen  embraces  the  captain  and  other  officers  of 
the  vessel,  and  all  persons  employed  on  board  in  navigating  a 

1  Whenever,  therefore,  any  person  shall  have  incurred  any  fine,  penalty, 
forfeiture,  or  disability,  as  aforesaid,  and  desires  a  mitigation,  remission,  or 
removal  thereof,  the  amount  or  value  not  exceeding  fifty  dollars,  he  must 
address  his  petition  to  the  Secretary  of  the  Treasury,  stating  fully  the  facts, 
and  distinctly  admitting  that  he  has  incurred  (if  there  be  no  judgment  of 
court)  the  same,  but  without  willful  negligence,  or  any  intention  of  fraud, 
and  must  swear,  or  affirm,  to  the  truth  thereof,  and  notify  the  collector 
within  whose  district  such  fine,  penalty,  forfeiture,  or  disability  was  in- 
curred, whose  duty  it  will  be  to  report  at  once  to  the  department  all  the  facts 
in  the  case,  and  the  specific  provisions  of  law  under  which  the  fine,  penalty, 
forfeiture,  or  disability  was  incurred  or  imposed,  and,  if  a  fine,  or  forfeiture, 
the  amount  or  value  thereof.  It  should  also  appear,  by  the  petition  of  the 
applicant,  that  the  collector  was  duly  notified  thereof  by  serving  him  with  a 
copy  of  the  petition.     Gen.  Reg.  Art.  894. 

2  See  §  70,  71,  72,  pp.  64,  65. 


MARINE  HOSPITAL  FUND.  287 

vessel,  or  whose  services  are  necessary  or  conducive  to  the 
preservation  of  the  vessel.  And  all  those  who  are  thus  em- 
ployed in  her  navigation  are  mariners  or  seamen,  within  the 
meaning  of  the  laws  which  provide  for  hospital  relief.  Upon 
this  principle,  persons  employed  on  board  of  steamers,  as  en- 
gineers, coal-heavers,  stokers,  and  firemen,  are  to  be  regarded 
as  seamen  within  the  meaning  of  those  laws ;  and  in  passen- 
ger ships  navigating  the  ocean,  whether  propelled  by  wind  or 
steam,  the  various  servants  attached  to  the  ship  and  employed 
for  the  accommodation  of  passengers  are  to  be  regarded  as 
belonging  to  the  ship's  company,  and  as  mariners  or  seamen, 
within  the  meaning  of  the  law.     Ibid.  Art.  763. 

§  540.  No  vessel  allowed  to  enter  until  list  of  seamen  is  ex- 
hibited and  hospital  money  paid.  —  Upon  the  arrival  of  any 
ship  or  vessel  of  the  United  States  in  a  port  thereof,  the  same 
will  not  be  admitted  to  entry  until  the  master  exhibits  to  the 
collector  of  said  port  a  true  account  of  the  number  of  seamen 
that  have  been  employed  on  board  said  vessel  since  she  was 
last  entered  at  any  port  in  the  United  States,  and  shall  pay  to 
the  said  collector  at  the  rate  of  twenty  cents  per  month  for 
every  seaman  so  employed.     Ibid.  Art.  764. 

§  541.  Like  account  to  be  exhibited  on  renewal  or  exchange 
of  license,  surrender  of  register,  sale  of  vessel,  or  change  of 
master.  —  Upon  the  renewal  of  the  license  of  any  vessel,  boat, 
raft,  or  fiat,  taken  out  for  carrying  on  the  coasting  trade, 
whether  the  former  license  has  expired  by  lapse  of  the  time 
for  which  it  was  granted,  or  by  the  sale  of  the  vessel,  or 
change  of  master,  the  exchange  of  a  license  for  a  fishing 
license,  or  the  surrender  of  a  register  used  by  a  vessel  in  the 
coasting  trade,  or  the  like,  the  master  will  exhibit  to  the  col- 
lector by  whom  the  new  license  is  to  be  issued  a  true  account 
of  the  number  of  seamen,  and  the  time  they  have  been  sev- 
erally employed  on  board  said  vessel,  during  the  continuance 
of  the  license  which  has  so  expired,  and  (if  the  license  was  not 
immediately  renewed  upon  its  expiration)  during  any  addi- 
tional time  between  such  expiration  and  the  time  of  renewal. 
Ibid.  Art.  765. 

§  542.  Like  account  to  be  exhibited  by  masters  of  vessels 
engaged  wholly  or  in  part  in  the  coasting  trade  under  certifi- 
cates of  registry.  —  Upon  the  arrival  in  port  of  any  ship  or  ves- 
sel from  another  port  of  the  United  States,  or  a  foreign  port, 
engaged  wholly  or  in  part  in  the  coasting  trade,  under  a  regis- 
ter, before  she  is  admitted  to  entry  in  said  port  the  master  will 
deliver  to  the  collector  thereof  a  true  account  of  the  number 


288  MARINE   HOSPITAL  FUND. 

of  seamen,  and  the  time  they  have  been  severally  employed 
on  board  said  vessel,  from  the  date  of  the  last  entry  of  said  ship 
to  the  date  of  such  application  for  entry.     Ibid.  Art.  766. 

§  543.  Accounts,  by  whom  made.  —  These  accounts  are  not 
to  be  prepared  in  any  instance  by  the  collector,  or  any  of  his 
officers.  Blanks  will  be  furnished  by  him,  but  they  must  be 
filled  up,  signed,  and  delivered  by  the  master,  in  each  case. 
Ibid.  Art.  7G7. 

§  544.  No  deductions  to  be  allowed.  —  No  deductions  from 
these  accounts,  or  allowances  in  them,  are  to  be  made  upon  the 
pretext  that  the  vessel  was  unemployed  during  any  portion  of 
the  time  embraced  in  the  account,  nor  upon  any  other  pretext. 
The  account  simply  charges  for  the  actual  time  each  person 
was  actually  employed  in  keeping,  tending,  or  working  the 
vessel,  whether  the  vessel  was  in  actual  commission,  or  laid  up, 
or  undergoing  repairs,  and  for  such  time  the  tax  is  legally  due. 
Rid.  Art.  768. 

§  545.  Collector  may  demand  boohs  and  papers  to  verify 
accounts.  —  In  order  to  the  verification  of  these  accounts,  the 
collector  is  authorized  to  demand  of  the  master  an  inspection 
of  his  books  and  papers  before  admitting  the  vessel  to  entry, 
or  renewing  the  license,  as  the  case  may  be,  or  to  require  the 
affidavit  of  the  master,  or  other  reasonable  proof.  And  it  will 
be  the  duty  of  the  collector  to  inquire  from  time  to  time,  and 
especially  whenever  there  are  circumstances  to  awaken  sus- 
picion, into  the  truth  or  falsity  of  these  accounts ;  and,  upon 
being  satisfied  of  the  latter,  to  prosecute  for  the  penalty  (appli- 
cable to  all  cases  of  such  false  returns)  provided  by  the  second 
section  of  the  act  of  16th  July,  1798.     Ibid.  Art.  769. 

§  546.  What  persons  are,  and  what  persons  are  not,  entitled 
to  the  benefit  of  the  hospital  fund.  —  The  persons  who  have  a 
legal  capacity  to  receive  relief  from  this  fund  are  of  those 
classes  from  which  the  said  fund  is  collected.  Those  who 
have  not  this  capacity  are,  — 

1.  Seamen  who  have  abandoned  their  profession,  either 
permanently,  by  engaging  in  some  other  pursuit,  or  tempo- 
rarily, by  returning  to  their  homes. 

2.  Persons  employed  on  board  vessels  registered  for  the 
whale  fishery. 

3.  Persons  employed  on  board  vessels  licensed  for  the  cod 
or  mackerel  fisheries,  if  taken  sick  or  disabled  whilst  such 
license  is  in  force,  or  before  the  vessel  shall  be  (or  they  enter 
on  board  some  other  vessel)  licensed  or  registered  for  the 
foreign  or  coasting  trade. 


INSPECTION   OF  DEUGS.  289 

4.  Persons  employed  in  navigating  canal  boats  without 
masts  or  steam  power. 

5.  Negro  slaves.     Ibid.  Art.  772. 

§  547.  Time  for  which  relief  may  be  extended.  —  The  relief 
contemplated  by  the  law  is  "temporary,"  and  therefore  no 
seaman  will  be  allowed  the  benefit  of  the  fund  after  his  malady 
may  be  relieved,  nor,  in  any  event,  for  a  period  of  more  than 
four  months.  Neither  is  any  person  entitled,  whose  disease  is 
incurable,  or  who,  if  cured,  would  be  incapable  of  returning  to 
his  employment  as  a  seaman.     Ibid.  Art.  774. 

§  548.  Seamen  belonging  to  foreign  vessels  admissible  to 
hospital,  on  what  conditions.  —  Sick  seamen,  belonging  to  any 
foreign  vessel,  may,  upon  the  written  application  of  the  master 
thereof,  be  admitted  into  any  marine  hospital  of  the  United 
States,  upon  the  permit  of  the  collector  of  the  district  in  which 
the  hospital  is  situated.  But  in  such  case  the  collector  will 
not  grant  a  clearance  to  the  vessel  until  the  expense  of  keep- 
ing such  seamen,  at  the  rate  of  seventy-five  cents  per  day 
each,  is  paid  to  him,  if  the  seaman  has  died  or  been  discharged ; 
or,  if  he  is  still  in  the  hospital  when  the  application  for  clear- 
ance is  made,  until  security  is  given  for  the  payment  of  the 
said  expenses.    Ibid.  Art.  779. 


INSPECTION  OF  DRUGS. 

§  549.  Drugs  and  medicines  to  be  examined  before  entry. — 
By  an  act  passed  June  26,  1848,  it  is  provided  that  all  drugs, 
medicines,  medicinal  preparations,  including  medicinal  essential 
oils,  and  chemical  preparations,  used  wholly  or  in  part  as  med- 
icines, imported  into  the  United  States,  shall,  before  passing 
the  custom  house,  be  examined  and  appraised,  as  well  in  refer- 
ence to  their  quality,  purity,  and  fitness  for  medicinal  purposes, 
as  to  their  value  and  identity  specified  in  the  invoice.1  It  is 
also  provided,  that  all  medicinal  preparations,  whether  chem- 
ical or  otherwise,  usually  imported  with  the  name  of  the  man- 

1  To  carry  fully  into  effect  the  provisions  of  this  act,  collectors  of  the  cus- 
toms will  require  that  the  said  articles  be  examined  and  tested  by  the  ex- 
aminer of  drugs  in  the  manner  required ;  and  before  entry  for  consumption  or 
warehousing  can  be  allowed,  a  return  must  be  made  by  that  officer,  certifying 
that  the  articles  have  been  examined,  and  found  fit  for  use  as  medicine.  If 
the  drugs  and  medicines,  as  aforesaid,  form  part  of  an  invoice,  a  separate 
entry  may  be  made  of  the  other  merchandise,  to  avoid  the  delay  required  in 
the  examination  of  the  drugs.     Gen.  Reg.  Art.  248. 

25 


290  INSPECTION   OF  DKUGS. 

ufacturer,  shall  have  the  true  name  of  the  manufacturer,  and 
the  place  where  prepared,  permanently  and  legibly  affixed  to 
each  parcel,  by  stamp,  label,  or  otherwise,  and  that  all  medici- 
nal preparations  imported  without  such  names  affixed  as  afore- 
said, shall  be  adjudged  to  be  forfeited. 

§  550.  Drugs  and  medicines  inferior  to  certain  standards, 
to  be  condemned.  —  By  the  same  act  it  is  further  provided, 
that  if,  on  examination,  any  drugs,  medicines,  medicinal  prep- 
arations, whether  chemical  preparations  or  otherwise,  in- 
cluding medicinal  essential  oils,  shall  be  found  to  be  so  far 
adulterated,  or  in  any  manner  deteriorated,  as  to  render  them 
inferior  in  strength  and  purity  to  the  standard  established  by 
the  United  States,  Edinburgh,  London,  French,  and  German 
pharmacopoeias  and  dispensatories,1  and  thereby  improper, 
unsafe,  or  dangerous  to  be  used  for  medicinal  purposes,  such 
articles  shall  not  be  permitted  to  pass  the  custom  house,  unless, 
upon  a  reexamination,  of  a  strictly  analytical  character,  called 
for  by  the  owner  or  consignee,  it  shall  be  declared,  as  the  re- 
sult of  such  analysis,  that  the  said  articles  may  properly,  safely, 
and  without  danger,  be  used  for  medicinal  purposes. 

§  551.  Examination,  by  whom  made.  —  For  the  purpose  of 
carrying  the  provisions  of  the  act  before  referred  to  into  effect, 
the  Secretary  of  the  Treasury  is  required  to  appoint  suitably 
qualified  persons  as  special  examiners  of  drugs,  medicines, 
chemicals,  &c,  namely,  one  examiner  in  each  of  the  ports  of 
Boston,  New  York,  Philadelphia,  Baltimore,  Charleston,  New 
Orleans,  and  San  Francisco,  whose  duty  it  shall  be  to  make 
the  examinations  contemplated,  and  return  the  results  of  the 
same  to  the  collector.  And  whenever  any  owner  or  consignee 
shall  be  dissatisfied  with  the  examiner's  return,  it  is  provided 
that  he  shall  have  the  privilege  of  calling,  at  his  own  expense, 
for  a  reexamination  ;  and  on  depositing  with  the  collector  such 
sum  as  the  latter  may  deem  sufficient  to  defray  such  expense, 
it  shall  be  the  duty  of  that  officer  to  procure  some  competent 
analytical  chemist  to  make  a  careful  analysis  of  the  articles 

1  It  is  not  conceived  to  be  the  intention  of  the  law  that  the  articles  referred 
to  should  conform  in  strength  and  purity  to  each  and  all  of  those  standards, 
as  such  conformity  is  believed  to  be  impracticable,  owing  to  the  variations  in 
those  standards.  If,  therefore,  the  articles  in  question  be  manufactured, 
produced,  or  prepared  in  England,  Scotland,  France,  or  Germany,  as  the 
case  may  be,  and  prove  to  conform  in  strength  and  purity  to  the  pharma- 
copoeia and  dispensatory  of  the  country  of  their  origin,  said  articles  become 
exempt  from  the  penalties  of  the  law.  All  articles  of  the  kind  mentioned, 
produced,  manufactured,  or  prepared  in  any  other  country  than  those  before 
mentioned,  must  conform  in  the  qualities  stated  to  the  United  States  phar- 
macopoeia and  dispensatory.     Gen.  Reg.  Art.  249. 


INSPECTION   OP  DRUGS.  291 

condemned  by  the  special  examiner,  and  report  upon  the  same 
under  oath  ;  and  in  case  the  report,  which  shall  be  final,  shall 
declare  the  return  of  the  special  examiner  to  be  erroneous, 
and  the  said  articles  to  be  of  the  requisite  strength  and  purity, 
according  to  the  standards  prescribed,  the  invoice  shall  be 
passed  on  payment  of  the  customary  duties  ;  but  in  case  the 
return  of  the  special  examiner  shall  be  sustained,  the  articles 
shall  remain  in  the  custody  of  the  collector,  and  the  owner  or 
consignee,  on  payment  of  the  charges  of  storage  and  other  ex- 
penses necessarily  incurred,  and  on  giving  a  bond  to  land  said 
articles  out  of  the  United  States,  shall  have  the  privilege  of 
reexporting  them  at  any  time  within  the  period  of  six  months 
after  the  report  of  the  analysis ;  but  if  the  said  articles  shall 
not  be  so  exported,  it  shall  be  the  duty  of  the  collector,  at  the 
expiration  of  said  period,  to  cause  the  same  to  be  destroyed, 
holding  the  owner  or  consignee  responsible  for  the  payment  of 
all  charges  incurred  thereon.1 

§  552.  What  are  to  be  considered  as  drugs.  —  To  avoid  the 
recurrence  of  a  difference  of  opinion  between«the  officers  of  the 
customs  as  to  what  particular  articles  of  commerce  should  be 
considered  drugs  and  medicines,  and  as  such  subject  to  special 
examination,  it  is  thought  proper  to  state  that  all  articles  of 
merchandise  used  wholly  or  in  part  as  medicine,  and  found 
described  as  such  in  the  standard  works  specially  referred  to 
in  the  act,  must  be  considered  drugs  and  medicines;  and  that 
all  invoices,  therefore,  of  such  articles,  in  whole  or  in  part, 
must  be  submitted  to  the  examination  of  the  special  examiner 
of  drugs  and  medicines,  before  they  can  be  permitted  to  pass 
the  custom  house.      Gen.  Reg.  Art.  250. 

§  553.  Patent  medicines  required  to  be  examined.  —  "  Pat- 
ent or  secret  medicines"  are  by  law  subject  to  the  same 
examination,  and  disposition  after  examination,  as  other  me- 
dicinal preparations,  and  can  not  be  permitted  to  pass  the 
custom  house  for  consumption,  but  must  be  rejected  and  con- 
demned, unless  the  special  examiner  be  satisfied,  after  due 
investigation,  that  they  are  fit  and  safe  to  be  used  for  medici- 
nal purposes.     Ibid.  Art.  256. 

§  554.  Collectors  may  appoint  examiners  in  certain  cases. — 
When  drugs,  medicines,  and  chemicals  are  imported  into  ports 
other  than  those  at  which  special  examiners  are  authorized, 

1  Articles  rejected  at  one  port  in  the  United  States  must  be  exported,  if 
exported  at  all,  from  that  port,  and  can  not  be  sent  in  bond  to  any  other  port 
of  the  United  States  for  exportation  thence  to  a  foreign  port.  Gen.  Reg. 
Art.  263. 


292  INSPECTION   OF   STEAM   VESSELS. 

the  collector  will  appoint,  in  pursuance  of  the  16th  section  of 
the  act  of  March  1,  1823,  some  suitable  person,  possessing  the 
requisite  qualifications,  to  make  the  required  examination  and 
report.     Ibid.  Art.  259. 


INSPECTION  OF  STEAM  VESSELS. 

§  555.  Regulations  as  to  inspection.  —  By  an  act  passed 
August  30,  1852,  provision  was  made  for  the  appointment,  in 
each  of  the  principal  collection  districts  of  the  United  States,1 
of  two  persons  as  inspectors  of  steamboats  —  one  of  whom,  it 
is  required,  from  his  practical  knowledge  of  ship-building  and 
the  uses  of  steam  in  navigation,  shall  be  competent  to  make  a 
reliable  estimate  of  the  strength,  seaworthiness,  and  other 
qualities  of  the  hulls  of  steamers  and  their  equipment,  to  be 
called  the  Inspector  of  Hulls  ;  and  the  other  of  whom,  from  his 
knowledge  and  experience  of  the  duties  of  an  engineer  em- 
ployed in  navigating  vessels  by  steam,  and  also  in  the  con- 
struction and  use  of  boilers,  and  the  machinery  therewith 
connected,  shall  be  able  to  form  a  reliable  opinion  of  the 
quality  of  the  material,  the  strength,  form,  workmanship,  and 
suitableness  of  such  boilers  and  machinery,  to  be  called  the  In- 
spector of  Boilers.  Upon  these  persons,  appointed  by  the  col- 
lector of  the  customs,  the  supervising  inspector  of  the  district, 
and  the  judge  of  the  United  States  District  Court,  with  the 
approval  of  the  Secretary  of  the  Treasury,  is  devolved  the  duty 
of  inspecting  all  vessels  propelled  in  whole  or  part  by  steam, 
designed  for  the  carriage  of  passengers,  and  of  granting  cer- 
tificates thereto.  They  are  also  authorized  to  license  and 
classify  engineers  and  pilots,  and  to  revoke  the  licenses  granted 
whenever  it  shall  satisfactorily  appear  that  any  engineer  or 
pilot  is  incompetent  to  perform  his  proper  duties.  By  the 
same  act,  provision  was  made  for  the  appointment  by  the 
President,  with  the  advice  and  consent  of  the  Senate,  of  nine 
supervising  inspectors,2  upon  whom  is  devolved  the  duty  of 
superintending  the  operations  of  the  local  boards,  of  seeing 
that  the  laws  respecting  the  navigation  of  steam  vessels  are 
faithfully  executed,  &c. 

§  556.   No  steam  vessel  to  be  registered,  enrolled,  or  licensed, 

1  For  a  list  of  these  inspectors,  see  pages  23,  24. 

2  See  page  23. 


TABLE   OF   CUSTOM-HOUSE   FEES.  •        293 

until  inspected.  — By  the  same  act  it  is  provided  that  no  license, 
enrollment,  or  register  shall  be  granted,  or  other  papers  issued, 
by  any  collector  of  the  customs,  to  any  vessel  propelled  in 
whole  or  in  part  by  steam,  and  carrying  passengers,  until  he 
shall  have  satisfactory  evidence  that  all  the  provisions  of  law- 
have  been  complied  with.  And  if  any  such  vessel  shall  be 
navigated  with  passengers  on  board,  without  having  so  com- 
plied, the  owners  thereof  shall  forfeit  to  the  United  States 
the  sum  of  five  hundred  dollars  for  each  offense,  for  which 
sum  the  vessel  may  be  seized  and  proceeded  against  sum- 
marily in  any  District  Court  having  jurisdiction  in  the  prem- 
ises. 

§  557.  Exemptions.  —  The  act  of  1852  exempts  from  the 
operation  of  its  provisions  the  public  vessels  of  the  United 
States,  and  the  vessels  of  other  countries  ;  also,  ferry  boats,  tug 
boats,  towing  boats,  and  boats  employed  on  canals,  not  exceed- 
ing one  hundred  and  fifty  tuns  in  burden. 


TABLE  OF  CUSTOM-HOUSE  FEES. 

§  558.  Collector  required  to  keep  in  some  conspicuous  place 
in  his  office  a  table  of  the  fees  demandable  by  law.  —  Every 
collector,  naval  officer,  and  surveyor  shall  cause  to  be  affixed, 
and  constantly  kept,  in  some  public  and  conspicuous  place  of 
his  office,  a  fair  table  of  the  rates  of  fees  and  duties  demanda- 
ble by  law,  and  shall  give  a  receipt  for  the  fees  he  shall  re- 
ceive, specifying  the  particulars,  whenever  required  so  to  do ; 
and  in  case  of  failure  therein,  shall  forfeit  and  pay  one  hun- 
dred dollars,  to  be  recovered,  with  costs,  in  any  proper  court 
having  cognizance  thereof,  to  the  use  of  the  informer ;  and  if 
any  officer  of  the  customs  shall  demand,  or  receive,  any  greater, 
or  other,  fee,  compensation,  or  reward,  for  executing  any  duty 
or  service  required  of  him  by  law,  he  shall  forfeit  and  pay  two 
hundred  dollars  for  each  offense,  recoverable,  in  manner 
aforesaid,  for  the  use  of  the  party  aggrieved.  Act  March 
2,  1799,  §  73. 

§  559.  The  following  list  exhibits  the  fees  required  by  law 
to  be  paid  at  the  several  custom  houses,  and  no  other  fees 
shall  be  received  than  those  here  specially  enumerated.  Gen. 
Reg.  Art.  593. 


294      »  TABLE  OP  CUSTOM-HOUSE  FEES. 

For  admeasuring  every  vessel,  in  order  to  the  enrollment  or 
licensing  and  recording  the  same,  if  of  5  tuns  and  less 

than  20, $0,50 

Of  20  and  not  over  70, 0.75 

Over  70  and  not  over  100, 1.00 

Over  100  tuns, 1.50 

Certificate  of  enrollment, 50 

Indorsement  on  certificate  of  enrollment, 20 

License  and  granting  the  same,  including  bond,  if  not  over 

20  tuns, 25 

Above  20  and  not  over  100 50 

Over  100  tuns, 1.00 

Indorsement  on  a  license, 20 

Certifying  manifest,  and  granting  permit  for  licensed  vessels 

to  go  from  district  to  district,  under  50  tuns, 25 

Over  50  tuns, 50 

Receiving  certified  manifest,  and  granting  permit  on  arri- 
val of  such  vessel,  if  under  50  tuns, 25 

Over  50  tuns, 50 

Certifying  manifest,  and  granting  permission  to  registered 

vessels  to  go  from  district  to  district, 1.50 

Receiving  certified  manifest,  and  granting  permit  on  arrival 

of  such  registered  vessel, 1.50 

Granting  permit  to  a  vessel,  not  belonging  to  a  citizen  of  the 
United  States,  to  go  from  district  to  district,  and  re- 
ceiving manifest, 2.00 

Receiving  manifest  and  granting  permit  to  unload  for  last- 
mentioned  vessel,  on  arrival  at  one  district  from  an- 
other,   2.00 

Granting  permit  for  vessel  carrying  on  fishery  to  trade  at  a 

foreign  port, 25 

Report  and  entry  of  foreign  goods  imported  in  such  vessel, .  25 

Entry  of  vessel  of  100  tuns  and  more, 2.50 

Clearance  of  vessel  of  100  tuns  and  more, 2.50 

Entry  of  vessel  under  100  tuns, 1.50 

Clearance  of  ditto, 1.50 

Post  entry, 2.00 

Permit  to  land  or  deliver  goods, 20 

Bond  taken  officially, 40 

Permit  to  load  goods  for  exportation  entitled  to  drawback,. .  30 

Debenture  or  other  official  certificate, 20 

Bill  of  health, 20 

Official  documents,  except  register,  required  by  any  mer- 
chant, owner,  or  master  of  any  vessel  not  before  enu- 
merated,    20 

Admeasurement,  and   certifying  vessels   of  100   tuns   and 

under, 1  cent  per  tun. 

Over  100  and  not  over  200, 1.50 

Over  200, 2.00 

Other  services  to  be  performed  by  the  surveyor,  in  vessels 


When  invoice  does  not 
contain  the  weight,  meas- 
ure, or  gauge  of  mer- 
chandise required  to  be 
weighed,  measured,  or 
gauged,  and  when  goods 
are  withdrawn  from  ware- 
*  house  in  less  quantity 
than  the  entire  importa- 
tion. 


TABLE   OF   CUSTOM-HOUSE  FEES.  295 

of  100  tuns  and  more,  having  on  board  merchandise 

subject  to  duty, $3.00 

For  like  services  in  vessels  under  100  tuns,  having  similar 

merchandise, 1.50 

All  vessels  not  having  merchandise  subject  to  duty, 66| 

Protection, 25 

Crew  list, 25 

Certificate  of  registry  and  bond, 2.25 

Indorsement  on  register, 1.00 

General  permit  to  ship,  to  land  passengers'  baggage, 20 

Weighing:   1^  cents  per  112  pounds. 

Gauging:  Casks,  12  cents  each;  cases  and 
baskets,  4£  cents  each.  Ale,  porter, 
&c,  1£  cent  per  dozen  bottles. 

Measuring :  Coal,  90  cents  per  100  bush- 
els;  chalk,  brimstone,  &c,  90  cents 
per  100  bushels;  salt,  75  cents  per 
100  bushels ;  potatoes,  seeds,  grain, 
and  all  other  measurable  articles,  45 
cents  per  100  bushels.  Marble,  ma- 
hogany, cedar  wood,  &c,  the  actual 
expense  incurred. 

For  licenses  to  steamers,  as  a  compensation  for  the  in- 
spections and  examinations  made  for  the  year,  under  the 
steamboat  law  approved  August  30,  1852,  in  addition  to  the 
fees  above  mentioned  for  issuing  enrollments  and  licenses  to 
vessels :  — 

For  each  vessel  of  1000  tuns  and  over, $35.00 

For  each  of  500  tuns  and  over,  but  less  than  1000, 30.00 

For  each  under  500  tuns  and  over  125  tuns, 25.00 

For  each  under  125  tuns, 20.00 

For  the  first  certificate  granted  by  any  inspector  or  inspec- 
tors to  each  engineer  and  pilot, 5.00 

For  each  subsequent  certificate, 1.00 

For  recording  all  bills  of  sale,  mortgages,  hypotheca- 
tions, or  conveyance  of  vessels,  under  act  of  July  29, 

1850, 50 

For  recording  all  certificates  for  discharging  and  cancelling 

any  such  conveyances, 50 

For  furnishing  a  certificate  setting  forth  the  names  of  the 
owners  of  any  registered  or  enrolled  vessel,  the  parts 
or  proportions  owned  by  each,  and  also  the  material 
facts  of  any  existing  bill  of  sale,  mortgage,  hypotheca- 
tion, or  other  incumbrance,  the  date,  amount  of  such 

incumbrance,  and  from  and  to  whom  made, 1.00 

For  furnishing  copies  of  such  records,  for  each  bill  of  sale, 

mortgage,  or  other  conveyance, 50 


296        FEES  DEMANDABLE  BY  UNITED  STATES  CONSULS. 

The  term  "  or  other  official  certificate  "  will  embrace  every 
certificate  requiring  the  collector's  official  signature  in  the 
regular  transaction  of  the  business  of  the  custom  house,  in- 
cluding his  certificate  to  an  oath  or  invoice. 

The  term  "  permit  to  land  goods  "  is  intended  to  include  all 
permits  to  land,  whether  for  immediate  delivery  or  otherwise, 
all  permits  to  warehouse  or  public  store,  or  delivery  there- 
from, all  permits  to  transfer  goods  from  one  store  to  another 
when  required  by  owner  or  importer,  and  all  permits  or  or- 
ders to  appraise  without  invoice. 

The  term  "  permit  for  exportation  "  is  intended  to  apply  to 
all  permits  for  export  or  transport  from  vessel  or  warehouse. 
Gen.  Reg.  Art.  593. 


FEES  DEMANDABLE  BY  CONSULS  OF 
THE  UNITED  STATES. 

§  560.  Under  the  act  of  August  16,  1856,  regulating  the 
diplomatic  and  consular  systems  of  the  United  States,  the 
President  has  established  a  tariff  of  fees  to  be  charged  for 
consular  services,  as  hereto  annexed.  This  schedule  is  re- 
quired by  law  to  be  annexed  to  the  clearance  of  every  vessel 
of  the  United  States,  duly  registered  as  such,  and  bound  on  a 
foreign  voyage. 

Receiving  and  Delivering  Ship's  Papers. 

1.  For  receiving  and  delivering  ship's  register  and  papers,  includ- 

ing consular  certificates,  as  prescribed  in  forms  Nos.  38  and  39, 
half  a  cent  on  every  tun  registered  measurement  of  the  vessel 
for  which  the  service  is  performed. 

Discharging  or  Shipping  Seamen  or  Mariners. 

2.  For  every  seaman,  from  one  to  ten,  who  may  be  discharged  or 

shipped,  including  the  certificates  therefor  attached  to  crew  list 
and  shipping  articles,  to  be  paid  by  the  master  of  the  vessel, 
fifty  cents ;  but  no  additional  charge  shall  be  made  for  any 
number  of  seamen  exceeding  ten,  who  may  be  discharged  from 
or  shipped  between  the  date  of  the  arrival  and  departure  of 
the  vessel. 


FEES  DEMANDABLE  BY  UNITED  STATES  CONSULS.  297 

Protests,  Passports,  &c. 

3.  For  noting  marine  protest, $1.00 

4.  For  extending  marine  protest, 2.00 

And  if  it  exceed  two  hundred  words,  for  every  addi- 
tional one  hundred  words, . . .  1.00 

5.  For  issuing  warrant  of  survey  on  vessels,  hatches,  cargo, 

provisions,  and  stores,  or  either, 1.00 

6.  For  a  passport,  including  seal, 1.00 

7.  For  visaing  a  passport, 1.00 

8.  For  preparing  agreement  of  master  to  give  increased 

wages  to  seamen,  attested  under  seal, 1.00 

9.  For  preparing  any  other  official  document  or  instrument 

of  writing,  not  herein  named  or  enumerated,  if  under 

one  hundred  words, 1.00 

If  exceeding  one  hundred  words,  for  every  addition- 
al hundred  words, .50 

For  the  following  Certificates,  viz. 

10.  Of  the  deposit  of  a  ship's  register  and  papers,  when  re- 

quired by  custom-house  authorities, .25 

11.  In  cases  of  vessels  deviating  from  the  voyage, .50 

12.  When  ship's  register  is  retained  entire  in  the  consulate,  .25 

13.  For  master  to  take  home  destitute  American  seamen,  .  no  fee. 

14.  Of  conduct  of  crew  on  board,  in  cases  of  refusal  of  duty 

and  in  cases  of  imprisonment,  &c, .25 

15.  Given  to  master  at  his  own  request, .50 

16.  To  a  seaman,  of  his  discharge, no  fee. 

17.  Of  appointment  of  new  master,  including  oath  of  master.  1 .00 

18.  Of  the  ownership  of  a  vessel, .50 

19.  Of  decision  and  award,  in  cases  of  protests  against  mas- 

ters, passengers,  or  crew, 2.00 

20.  Of  roll  or  list  of  crew,  when  required  by  the  captain  or 

authorities  of  the  port, .50 

21.  To  bill  of  health, 50 

22.  To  shipping  articles, .50 

23.  Of  canceling  ship's  register, .50 

24.  To  debenture  certificate,  including  oaths  of  master  and 

mate, 1.25 

25.  To  invoice,  including  oath, 2.00 

26.  To  currency, .50 

27.  Of  sea  letter, 2.00 

28.  Of  indorsement  of  bottomry  on  ship's  register, 50 

29.  Of  ditto  on  payment  of  bottomry  on  ship's  register, . .  .50 

30.  Of  ditto  of  new  ownership  on  ship's  register, .50 

A  cknowledgm  ents. 

31.  Of  the  master  to  bottomry  bond, 1.00 

32.  Of  the  merchant  to  assignment  of  bottomry  bond, ....  1.00 


298       FEES  DEMANDABLE  BY  UNITED  STATES  CONSULS. 

33.  Of  the  vendor  to  a  bill  of  sale  of  vessel, $1 ,00 

34.  Of  the  master  to  a  mortgage  or  mortgage  bill  of  sale  of 

vessel, 1.00 

35.  Of  the  master  to  an  order  for  payment  of  seamen's 

wages  or  voyages,  at  home,  including  making  up  or- 
der, if  required, .50 

36.  Of  one  or   more  persons  to  a  deed  or  instrument  of 

writing, 2.00 

37.  Of  one  or  more  persons  to  a  power  of  attorney, 2.00 

Declarations  and  Oaths. 

38.  Of  declaration  and  oath  of  master  to  one  or  more  de- 

sertions, including  oaths,  attached  to  crew  list  and 
shipping  articles,  each, .50 

39.  To  one  or  more  deaths  or  losses  of  seamen  overboard 

at  sea,  including  oaths,  attached  to  crew  list  and 
shipping  articles,  each, .50 

40.  To  not  being  able  to  procure  two  thirds  of  a  crew  of 

protected  American  seamen, .50 

41.  To  ship's  inventories  or  stores .50 

42.  To  the  correctness  of  log  book, .50 

43.  To  ship's  bills  and  vouchers  for  disbursements  and  re- 

pairs,    .50 

Authenticating  Copies  of  Papers. 

44.  Of  marine  note  of  protest, 1 .00 

45.  Of  extended  protest, 2.00 

46.  Of  call,  warrant,  and  report  of  survey  on  vessel,  hatch- 

es, cargo,  provisions,  and  stores,  or  either, 1.00 

47.  Of  inventories  and  letters,  or  either,  of  masters, 1.00 

48.  Of  account  of  sales  of  vessel,  cargo,  provisions,  and 

stores,  or  either, 1.00 

49.  Of  advertisement  for  funds  on  bottomry, .*;•••        1'()0 

50.  Of  advertisement  of  sale  of  vessel  or  cargo,  provisions 

or  stores, 1.00 

Authenticating  Signatures. 

51.  To  reports  of  survey  on  vessel  or  cargo,  provisions  or 

stores, 1.00 

52.  To  estimate  of  repairs  of  vessel, 1.00 

53.  To  (auctioneer's)  account  of  sales  of  vessel  or  cargo, 

provisions  or  stores, 1.00 

54.  To  average  bonds, 2.00 

55.  Of  governors,    judges,  notaries   public,  custom-house 

and  other  officers, 2.00 

56.  Of  merchants  and  individuals, 2.00 

57.  For  any  other  consular  certificates  or  services  of  like 

character  not  herein  named  or  enumerated, .50 


FEES  DEMANDABLE   BY  UNITED   STATES   CONSULS.      299 


Consuls'  Orders  and  Letters. 

58.  To  send  seamen  to  hospital, no  fee. 

59.  To  send  seamen  to  prison, $0.50 

60.  To  release  seamen  from  prison, .50 

61.  To  authorities  or  captain  of  the  port,  in  cases  of  sink- 

ing vessels, .50 

62.  Requesting  the  arrest  of  seamen, .50 

63.  For  any  other  letter  or  order  of  like  character, .50 


Filing  Documents  in  Consulate. 

64.  Calls  of  survey  on  vessel,  hatches,  cargoes,  provisions 

and  stores,  or  either, .25 

65.  Warrants  of  survey  on  vessels,  hatches,  cargoes,  pro- 

visions and  stores,  or  either, .25 

66.  Reports  of  survey  on  vessels,  hatches,  cargoes,  provis-  .25 

ions  and  stores,  or  either, .25 

67.  Estimate  of  repairs  of  vessel, .25 

68.  Consul's  certificate  to  advertisement  for  funds  on  bot- 

tomry,    .25 

69.  To  advertisement  of  sale  of  vessel,  cargo,  provisions 

and  stores,  or  either, .25 

70.  Inventories  of  vessels,  cargo,  provisions  and  stores,  or 

either, .25 

71.  Letter  of  master  notifying  consul  of  sale  of  vessel,  car- 

go, provisions  and  stores,  or  either, .25 

72.  Of  master  notifying  auctioneer  of  sale  of  vessel,  cargo, 

provisions  and  stores,  or  either,  .25 

73.  Accounts  of  sale  of  vessel,  cargo,  provision  and  stores, 

or  either, .25 

74.  For  filing  any  other  document  prepared  in  or  out  of 

the  consulate, .25 

75.  Calls  of  survey  on  vessel,  hatches,   cargo,   provisions 

and  stores,  or  either ;  warrants  and  reports  of  ditto, 
ditto ;  estimates  of  repairs ;  certificates  of  consuls  to 
advertisements  for  funds  on  bottomry,  and  of  sale  of 
vessel ;  inventories  of  vessel,  cargo,  provisions  and 
stores ;  letter  of  master  to  consul  notifying  sale  of 
vessel,  cargo,  provisions  and  stores,  or  either ;  letter 
of  master  to  auctioneer,  and  account  of  sales  of  ves- 
sel, cargo,  provisions  and  stores,  or  either,  for  every 

one  hundred  words, .20 

(As  the  original  documents  are  required  to  be  filed 
in  the  consulate,  it  will  not  be  necessary  to  record 
them.  Should  it  ever  become  necessary,  however,  to 
deliver  up  the  originals,  they  must  be  recorded  before 
delivery,  the  party  receiving  the  same  paying  the 
record  fee  as  above  mentioned.) 


300      FEES  DEMANDABLE  BY  UNITED   STATES   CONSULS. 

76.  Order  and  consul's  certificate  to  pay  seamen's  wages  or 

voyages,  at  home, $0.25 

77.  Certificate  given  to  master  at  his  own  request,  when 

required, .25 

78.  Appointment  of  new  master, .25 

79.  Application  of  a  citizen  of  the  United  States  for  a  sea 

letter, 25 

80.  Sea  letter,  for  every  one  hundred  words, .20 

81.  Bill   of  sale,  when  required,   for   every   one  hundred 

words, 20 

82.  Consul's  letter  to  captain  of  port,  or  authorities,  in  cases 

of  sinking  vessels, .25 

83.  Consul's  certificates  to  masters  taking  home  destitute 

American  seamen, no  fee. 

84  Protests  of  masters  and  others,  other  than  marine  pro- 
tests, for  every  one  hundred  words, 20 

85.  Average  bonds,  when  required,  for  every  one  hundred 

words, 20 

86.  Powers  of  attorney,  when  required,  for  every  one  hun- 

dred words, .20 

87.  Any  other  document  or  instrument  of  writing  not  here- 

in named  or  enumerated,  prepared  in  or  out  of  the 
consulate,  and  required  to  be  recorded,  for  every  one 
hundred  words, 20 

Estates  of  deceased  American  Citizens. 

88.  For  taking  into  possession  the  personal  estate  of  any 

citizen  who  shall  die  within  the  limits  of  a  consulate, 
inventorying,  selling,  and  finally  settling  and  prepar- 
ing, or  transmitting,  according  to  law,  the  balance 
due  thereon,  five  per  cent,  on  the  gross  amount  of 
such  estate.  If  part  of  such  estate  shall  be  delivered 
over  before  final  settlement,  two  and  one  half  per 
cent  to  be  charged  on  the  part  so  delivered  over  as  is 
not  in  money,  and  five  per  cent,  on  the  gross  amount 
of  the  residue.  If  among  the  effects  of  the  deceased 
are  found  certificates  of  foreign  stocks,  loans,  or  other 
property,  two  and  one  half  per  cent,  on  the  amount 
thereof.  No  charge  will  be  made  for  placing  the 
official  seal  upon  the  personal  property  or  effects  of 
such  deceased  citizen,  or  for  breaking  or  removing  the 
seals,  when  required  by  the  person  or  persons  re- 
ferred to  in  section  29  of  the  act  of  August  18,  1856. 

Miscellaneous  Services. 

89.  For  consul's  seal  and  signature  to  clearance  from  cus- 

tom-house authorities, 50 

90.  For  administering  oaths,  not  herein  before  provided  for, 

each, .25 


FEES  DEMANDABLE  BY  UNITED   STATES   CONSULS.      301 

91.  For  consul's  attendance  at  a  shipwreck,  or  for  the  pur- 

pose of  assisting  a  ship  in  distress,  or  of  saving 
wrecked  goods  or  property,  over  and  above  traveling 
expenses,  a  per  diem  of  four  dollars,  whenever  the 
consul's  interposition  is  required  by  the  parties  inter- 
ested,      $4.00 

92.  For  attending  an  appraisement,  where  the  goods  or  ef- 

fects are  under  one  thousand  dollars  in  value, 3.00 

93.  For  attending  valuation  of  goods  of  one  thousand  dol- 

lars and  upwards  in  value,  for  every  day's  attendance 
during  which  the  valuation  continues, 5.00 

94.  For  attending  sale  of  goods,  if  the  purchase  money  be 

under  one  thousand  dollars, v  . .       3.00 

95.  For  attending  sale  of  goods,  if  the  purchase  money  is 

one  thousand  dollars  and  upwards,  for  every  day 
during  which  the  sale  continues, 5.00 

96.  For  attending  sale  of  vessel,  when  required, 2.00 

Fees  for  Unofficial  Services.  —  Perquisites  of  the  Consular  Officers. 

As  the  unofficial  acts  of  a  consular  officer  maybe  performed 
by  a  notary  public,  and  as  the  compensation  charged  therefor 
is  regarded  as  a  perquisite  of  his  office,  the  rate  of  such  com- 
pensation may  be  determined  either  by  agreement  or  the  cus- 
tom of  the  place.  Treas.  Reg.  Feb.  1,  1857. 
26 


302     TABLE   OF   FOREIGN   WEIGHTS   AND   MEASURES. 


TABLE  OF  FOREIGN  WEIGHTS  AND 
MEASURES 

REDUCED  TO  THE  STANDARD  OF  THE  UNITED  STATES. 

Alexandria,  {Egypt.) 

Cantaro  of  100  Rottoli  farforo  of  15  ounces 

avoirdupois 93§  lbs. 

100  Rottoli  zaydino  of  21£  oz 133£         " 

100       "       zaura  of  33  oz 207  " 

100       "       minaof26|oz 167  " 

1  Oke  400  drams  of  16  carats  ea 42§  oz. 

1  Quillot 4T8^  bush. 

1  Rebele *     .     .     .      4^     « 

1  Pic  or  Ell 26|  in. 


Alicant,  {Spain.) 

1    Arroba 27  lbs.  6  oz 

1     Quintal 109^  lbs. 

2£  Quintals 1  carga. 

1     Cantaro 3T^  wine 

1    Vara  or  Yard,  about 30  inches. 

1    Oaffise 7  bushels. 

Amsterdam. 

100  lbs.  1  centner 108tVtj  lbs. 

Last  of  grain 85^&  bush. 

Ahm  of  wine 41  gals. 

Foot,  Amsterdam 0AV  foot. 

"      Rhinland 1T\%    " 

Ell,  Amsterdam 2T206D     " 

"     of  the  Hague 2^    " 

"     of  the  Brabant . 2-$°y    « 

Medden,  or  measure  of  coal 2f  bush. 

The  French  system  of  weights  and  measures  is  sometimes 
used  in  Amsterdam. 


TABLE  OP   FOREIGN  WEIGHTS   AND   MEASURES.      803 


Ancona,  (Italy.) 

100  lbs.  Roman  equal  to  102-j^y  Ancona. 

100  lbs.  Ancona 73^  lbs. 

Rubbioofcorn .  7.72  bush. 

Soma  of  wine 22.69  galls. 

Ell  or  Bracchio 25.33  in. 

Arragon,  (Spain.) 

Libras  of  100  lbs 77.01  lbs. 

Quintal,  4  arrobas  of  36  lbs 112         " 

Metro  of  wine  (16  cantaros)  about  ....       43.8    galls. 
Cantaro  of  brandy 3.69     " 

Barbary  States.  ( Tripoli,  Tunis,  Morocco.) 

100  Rottoli,  (cantaro) 112       lbs. 

Cantaro  of  Tunis 111.05    " 

Kintal  of  Morocco 119.00   " 

Bassora,  (Persian  Gulf.) 

Maund  attary,  25  vakias  tary 28.05  lbs. 

One  Vakia 19  oz. 

One  Guz  or  Cubit,  about 37  inches. 

Batavia,  (East  Indies.) 

Large  Bahar 4£  peculs. 

Small       " 3         " 

1  Pecul 100    catties. 

1  Catty 16     tales. 

1  Pecul 136    lbs. 

1  Coyang  of  rice 3581      " 


Shippond,  20  lisponds  . 
Centner,  6£  lisponds 

Lispond 

Waag,  3  bismar  pounds 

1  lb 

100  Norway  pounds 
Shippond  (Christiana)  . 
*         (Laurwig)     . 


(Norway.) 

320       lbs.  Norway. 
100        «  " 

16        "  " 

36        "  " 

2  marks,  16  oz.,  32  loths. 
110.23  lbs.  U.  S. 
352         "        " 
352         "        " 


304      TABLE   OP  FOREIGN   WEIGHTS   AND   MEASURES. 


Berlin,  (Prussia.) 


100  lbs.  .     .     . 
Oxhoft  of  wine 


103.24  lbs. 
59.37  galls. 


Bombay. 

Candy  equal  to 560    lbs. 

28     " 


Maund  " 
Seer  " 
Candy  " 
Maund  " 
Seer  " 
Bag:  of  rice 


Hioz. 

20  maunds. 

40  seers. 

30  pice. 

6  maunds. 

Candy  nearly  equal 25  bush. 

Brazil. 
Weights  and  Measures  of  Portugal. 


Bremen. 


n 

centners. 

116 

lbs.  Bremen 

120 

«           u 

20 

a            a 

10 

u             U 

14 

u             a 

109.8 

lbs.  U.  S. 

80.70  bushels. 

37.8£ 

1  gals. 

1 

ohm. 

Shipfund  .  . 
Centner .  .  . 
Waag  of  iron  . 
Stone  of  flax  . 
Stone  of  wool . 
Lispund  .  . 
100  lbs.  Bremen 
Last  .... 
Ohm  .  .  . 
20  Viertels      . 


Bolivia. 
Weights  and  Measures  of  Spain. 

Buenos  Ayres. 
Weights  and  Measures  of  Spain. 

Cadiz,  (Spain.) 

Quintal  of  4  arrobas 100       lbs.  Spain. 

1  lb 2  marcs,  16  oz.,  or  256  adarms. 

100  lbs.  equal  to 101.43  lbs.  U.  S. 

Vara  or  Ell 33.38  inches. 


TABLE   OF  FOREIGN  WEIGHTS  AND   MEASURES.      305 

Cagliari,  (Sardinia.) 

100  lbs 89.62  lbs. 

26  lbs 1  rubbo. 

4  Rubbi 1  cantaro. 

1  Starello  of  corn 5£  pecks  English. 

Cairo,  (Egypt.) 

Cantaro,  100  rottoli 95         lbs. 

1  rottoli  is  144  drachms. 

Occa,  equal  to  400  drams 2.639  lbs. 

36  Occas  equal  to  1  cantaro. 

Pic 26.8      in. 

The  cantaro  is  different  for  various  goods. 

Calcutta. 

Maund  equal  to 40  seers. 

Seer  "  16  chittacks. 

English  factory  maund    ....  74  lbs.  10  oz. 

Seer 1  lb.    13  oz. 

Chittack 1  oz.  13  drams. 

Bengal    Bezar   maund   is    10   per  cent,    heavier  than   the 

factory  maund. 

Bezar  maund  equal  to    ....  82  lbs.  2  oz.  2-^  drams. 

Seer  equal  to 2  lbs.  13§  drams. 

Chittack 2  oz.  £  drams. 

Central  America. 
Weights  and  Measures  of  Spain. 

China. 

Tail 1  1.3  oz. 

16  Tails  1  catty 1  1.3  lb. 

100  Catties  1  picul 133  1.3    " 

Constantinople. 

Quintal  equal  to 100  rottolis. 

"  "  45  okes. 

"  "  176  cheques. 

«  "  127  lbs. 

1  Oke         "  2  lbs.  13  oz.  4  drams. 

1  Killow 0.941  bushel. 

* 


306        TABLE  OP  FOREIGN  WEIGHTS  AND  MEASURES. 

Chili. 
Weights  and  Measures  of  Spain. 

Dantzig,  (Prussia.) 

100  lbs 103      lbs. 

Ohm  of  wine 39.6  galls. 

Pipe  of  wine 2     ohms. 

Denmark. 

100  lbs.  1  centner 110.28  lbs. U.S. 

Barrel  or  Toende  of  corn 3.95  bush.  " 

Viertel  of  wine 2.04  galls.  " 

Copenhagen  or  Rhineland  foot    ....       1.03  foot    " 

Shipfund,  20  lispunds,  or 320  lbs.  Den. 

One  lispund 16  lbs.       " 

One  bismerpund 12  lbs.       " 

One  waag,  3  bismerpunds,  or 36  lbs.       " 

Ecuador,  Quito,  Guayaquil. 
Weights  and  Measures  of  Spain. 

England. 

Old  ale  gallon 1.22  galls. 

Imperial  gallon 1.20  galls. 

Old  wine  gallon 1.00  galls. 

Quarter  of  grain,  or  8  imperial  bushels     .     8.26  bush. 
Imperial  corn  bushel,  or  8  imperial  gallons    1.03  bush. 

Old  Winchester  do 1.00  bush. 

Imperial  yard 36.0     inches. 

Troy  pound iff^13  °f  a  ^°* 

[avoirdupois. 

Newcastle  chaldron 53     cwt. 

Tun  of  wine 252  Im.  galls. 

Florence  and  Leghorn. 

100  pounds  or  1  cantaro v    .       74.86     lbs. 

Moggio  of  grain 16.59     bush. 

Barileofwine 12.04     galls. 

Frankfort,  (Germany.) 

Centner 112£     lbs. 

Ohm  of  wine 38.96     galls. 


TABLE   OF  FOREIGN  WEIGHTS  AND  MEASURES.       307 

France. 

Metre 3.28  feet. 

Decimetre  (1-1 0th  metre) 3.94  inches. 

Velt 2.00  galls. 

Hectolitre 26.42      " 

Decalitre 2.64      " 

Litre 2.11  pints. 

Kilolitre 35.32  ft.  cubic 

Hectolitre 2.84  bush. 

Decalitre 9.08  quarts. 

Millier 2205        lbs. 

Quintal 220.54    " 

Killogramme 2.21     " 

100  pounds 107.93     " 

100  feet 106.60  feet. 

Tun  (of  wine) 240        galls. 

Genoa. 

100  pounds  peso  grosso 76.87  lbs. 

100  pounds  or  peso  sottile 69.89  " 

Mina  of  grain 3.43  bush. 

Mezzarola  of  wine 39.22  galls. 

Hamburg. 

Last  of  grain 89.64    bush. 

Ahmofwine 38.25    galls. 

Hamburg  foot 0.94    feet. 

Shipfund,  equal  to  2£  centners,  or  280  lbs.  \  ^09         j^ 

Hamburg  equal  to > 

1  centner  equal  to  8  lispunds  or  112  lbs.  Hamburg. 

1  lispund  equal  to 14  lbs.  do. 

1  stone  of  flax  equal  to 20  lbs.  do. 

1  stone  of  wool  equal  to 10  lbs.  do. 

1  stone  of  feathers  equal  to 10  lbs.  do. 

100  lbs.  Hamburg  equal  to 106.8  lbs.  U.  S. 

Hayti. 
Weights  and  Measures  of  France  and  Spain. 

Italy. 
100  Rottoli  of  31  f  oz.  each,  equal  to      ....    196^  lbs. 
1  Cantaro  grosso,  equal  to 19  6 J-  lbs. 


308      TABLE  OF  FOREIGN  WEIGHTS  AND   MEASURES. 

Japan. 

10  Candarines 1  mace. 

10  Mace 1  tael. 

16  Taels 1  catty. 

100  Catties 1  pecul. 

1  Pecul about  130  lbs  U.  S. 

Leipsic,  (Saxony.) 

100  Maas  (2  eimers) 1        ahm. 

1  Ahra 40-jS$,  Eng.  galls. 

100  Lbs 102{$   lbs. 

1  Foot 11^  inches. 

2  Feet 1        ell. 

Madras. 

Candy,  equal  to 500  lbs. 

Candy,  equal  to 20  maunds. 

Maund,  equal  to 8  bis. 

Bis,  equal  to 5  seers. 

Malacca. 

Pecul,  equal  to 135      lbs. 

A  Pecul,  equal  to  100  catties,  or     .     .     .      1600      tales. 

Malta. 

100  lbs.  1  cantaro 174.50  lbs. 

Salma  of  grain 8.22  bush. 

Cantaro,  equal  to 100        rottoli. 

1  Cantaro  equal  to  (mercantile  usage)       .     .175        lbs. 
Cafiso  of  oil 5£     galls. 

Manila. 
1  Pecul 139rife  lbs. 

Mexico. 
Weights  and  Measures  of  Spain. 

Montevideo. 
Weights  and  Measures  of  Spain. 


TABLE  OP  FOREIGN  WEIGHTS  AND  MEASURES.      309 


Cantaro  grosso  .  . 
Cantaro  piccolo  .... 
Carro  of  grain  (36  tomoli) 
Carro  of  wine     .... 

Salma  of  oil 

Canna        

8  Palmi 


Naples 


Netherlands. 


Ell 

Mudde  o£zak 
Vat  hectolitre 
Kan  litre  .     .     . 
Pond  killogramme 
100  Pounds 


196.50  lbs. 
106.00  lbs. 
52.24  bush. 
264.00  galls. 
42.75  galls. 
6j£  feet. 
1  canna. 


3.28  feet. 
2.84  bush. 
26.42  galls. 
2.11  pints. 
2.21  lhs. 
108.93  lbs. 


New  Grenada. 
Weights  and  Measures  of  Spain. 

Paraguay. 
Weights  and  Measures  of  Spain. 

Peru. 

Weights  and  Measures  of  Spain. 

Portugal. 

100  Pounds 101.19  lbs. 

22  lbs.  (1  arroba) 32.00  lbs. 

4  Arrobas  of  32  lbs.  (1  quintal)    ....  128.00  lbs. 

Mojo  of  grain 23.03  bush. 

Last  of  salt 70.00  bush. 

Almude  of  wine 4.37  galls. 

26  almudes 1  pipe  of  Lisbon. 

Prussia. 

100  lbs.  of  2  Cologne  marks,  each    .     .     .  103.11  lbs. 

Quintal,  110  lbs 113.42  lbs. 

Sheffel  of  grain 1.56  bush. 

Eimerofwine 18.14  galls. 

Ell  of  cloth 2.19  feet. 

Foot 1.35  feet. 

2  Eimers      .  1       ohm. 


olO       TABLE  OF   FOREIGN   WEIGHTS  AND   MEASURES. 

Riga. 

100  Riga  pounds, 92.17 

39     "         "  1  Russian  pood. 

20  Lispounds 1  shippound. 

1  Shippound    . 400  Riga  pounds. 

Borne. 

Rubbio  of  grain 8.36  bush. 

Barilofwine 15.40  galls. 

100  Roman  lbs.  equal  to 74.77  lbs. 

Russia. 

100  lbs.  of  32  loths  each 90.26  lbs. 

Chertwert  of  grain 5.95  bush. 

Vedro  of  wine        3.25  galls. 

Petersburg  foot 1.18  foot. 

Moscow  foot 1.10     " 

Pood        36      lbs. 

10  Poods 1      berquet, 

Arsheen       28      inches. 

Sicily. 

Cantaro  grosso 192.50  lbs. 

Cantaro  sottile 175.00    " 

100  lbs.  (12  ounces  to  a  pound)     ....       70.00    " 

Salma  grosso  of  grain 9.77  bush. 

Salma  generale 7.85      " 

Salma  of  wine 23.06  galls. 

Singapore. 
1  Pecul 133£  lbs. 

Smyrna. 

100  lbs.  (1  quintal)  45  okes 125  lbs. 

Oke 2.78   " 

Quillot  of  grain 1.46  bush. 

Quillot  of  wine 13.50  galls. 

Chequee  of  opium If  lbs. 

TefTeeofsilk 4£  " 

Cheque  of  goat's  wool 5f  " 


TABLE  OP  FOREIGN  WEIGHTS  AND   MEASURES.      311 

Spain. 

Quintal,  or  4  arrobas 101.44  lbs. 

Arroba 25.36   " 

Arroba  of  wine 4.24  galls. 

Fanega  of  grain 1.60  bush. 

Moyo  of  salt 70     " 

Modin  of  ditto     .     .     . 40     " 


St.  Gall. 

100  heavy  pounds,  equal  to '  128  lbs. 

100  light  pounds,  equal  to 102   " 

Surat. 

40  Seers 1    maund. 

20  Maunds 1    candy. 

1  Candy,  about 746f  lbs. 

Sweden. 

100  lbs.,  or  5  lispunds 95.76  lbs. 

100  kans  of  corn 7.42  bush. 

Last 75.00     " 

100  kans  of  wine,  about 69.00  gallons. 

Ell  of  cloth 1.95  feet. 

20  commercial  pounds,  equal  to 1  lispund. 

20  lispunds,  equal  to 1  skeppund. 

7£  skeppunds  iron  weight 1  Eng.  tun. 


New— -1859. 


1  Skeppund,  old,  equal  to 
1  Centner,  equal  to  .     . 
24  Centners,     "        .     . 
100  lbs.  Swedish     «     . 
008  feet,      "  "     . 


3  20-100  Swedish  new  centners. 
100  lbs.  Swedish. 

1  tun,  U.  S. 
93  7-10  lbs.  do. 
100  yards,         " 


Tarragona. 

16  Cortanes 1  carga. 

lcargaofwine 32.695  wine  galls.  English. 


312      TABLE  OF   FOREIGN  WEIGHTS  AND  MEASURES. 


18  Tumoli      .      .     . 
1  salm  of  Salt,  about 


Trapani. 

1  salm  of  salt. 
.     14  bushels  measure  in  U.  States, 
but  variable. 


100  lbs 

Stajo  of  grain    .     .     . 
Orna  or  eimer  of  wine 
Ell  for  woolens  w    . 
Ell  for  silk   .     .     .     . 


Trieste 


123.60  lbs. 
2.34  bush. 
14.94  galls. 
2.22  ieet. 
2.10   « 


Valencia,  (Spain.) 

100  lbs.  light 78.49  lbs. 

100  lbs.  heavy 107.74  " 

Cahiz  of  corn 5.825  bushels. 

Cantara,  or  arroba  of  wine 3.112  gallons. 

Cargaofwine *15         arrobas. 

Do.  of  oil 12  " 

Vara,  or  ell 36.626  inches. 


Venezuela. 
Weights  and  Measures  of  Spain. 


Venice. 


100  lbs.  peso  grosso 
100  lbs.  peso  sottile 
Moggio  of  grain 
Anifora  of  wine 

Miro 

Foot  of  Venice. 


105.18  lbs. 
66.04    " 
9.08  bush. 
137.00  galls. 
4.02    " 
13.68  inches. 


Vienna. 

100  lbs.  Vienna 123.5    lbs. 

1  Eimer 14.94  gallons. 

40  Maas, 1  eimer. 

Eimer  of  Hungary 19.37  gallons. 


TABLE   OF  FOREIGN  MONEYS.  313 


TABLE  OF  FOREIGN  MONEYS.1 

DENOMINATION.  PARTS.  VALUE. 

Dollar  of  Boli via,2 8  reals,  16  cuartos, $1 .00 

"      "   Buenos  Ayres, 8    "       16       "      04* 

"      «  Chili,2 lOOcents, 1.00 

"      M   Central  America, 8  reals,  16  cuartos, 1.00 

"      "   Denmark, 48  styver,  4  skilling, 1.05 

«      "   Hayti, lOOcents, 06* 

"      "   Mexico, 8  reals,  16  cuartos, 1.00 

"      "   Montevideo, 8    "       16       «      83* 

"      "   Norway, 5  ort,  24  skilling, 1.06 

"      "   Peru,2 8  reals,  16  cuartos, 1.00 

"      "   Porto  Rico,3 lOOcents, 92* 

«      "   Rome, lOpaoli, 1.05* 

"      "   Sicily, 12  tari, 96* 

"      "   Spain, 8  reals,  16  cuartos, 1.00 

"      "   Sweden, 48  skilling,  12  runstycks, 1.06 

"      "   Venezuela^ lOOcents, 75* 

Ducat  of  Naples, 100  grani, 80 

Florin,  silver,  of  Austria, 60  kreutzers,  4  pfennings, 48£ 

"  "       "  City  of  Augsburg, 60        "  4         "  48£ 

"  "       "  Bavaria, 60        "  4         «  48£ 

"  "       "  Batavia, 100  centimes, 37* 

"  "       "Bohemia, 60  kreutzers,  4  pfennings 48£ 

u  a       «  Frankfort, 60         "         4         "         40 

"  "       "  Germany,  So.  States,.... 60  "         4         «         40 

"  "       "Netherlands 100  centimes, 40 

"  "       "  Nuremburg, 60  kreutzers,  4  pfennings, 40 

"  "       "  St.  Gall, 60         "         4         "         40  36-100* 

"  "       "  Trieste, 60  "         4         «         48£ 

"  "       "Prussia, 30  groschen,  18  pfennings, 23* 

"  "       "Basle, 60  kreutzers,  5  fenins, 41* 

Franc  of  France  and  Belgium, 100  centimes, 18  6-10 

"      Federal  of  Switzerland, 10         '«  18  6-10* 

Francescone  of  Tuscany, 10  paoli, 1.06 

Guilder  of  Curacoa,  Demerara, 
Essequibo  and  Surinam, 

Lira  of  Lombardo-Venetian  Kingdom, ....  100  centesimi, 16 

"     "  Sardinia, 100        "         18  6-10 

"    "  Tuscany, 20  soldi,  12  denari, 16 


ara'  | 100  centimes, 37* 


(1)  The  value  of  the  moneys  marked  thus  *  in  the  table  is  not  established  by  any  law  of  the 
United  States,  and  invoices  made  out  in  these  moneys,  which  are  frequently  fluctuating,  are  re- 
quired  to  be  accompanied  by  consular  certificates,  setting  forth  the  value  of  the  currency  as  com- 
pared with  United  States  or  Spanish  dollars.  The  values  given  in  the  table  are  the  values  usually 
quoted. 

(2)  The  department  having  received  satisfactory  information  of  the  depreciation  of  the  curren- 
cies of  Chili,  Bolivia,  Peru,  and  Porto  Rico,  collectors  are  authorized  to  estimate  the  value  of  said, 
currencies  according  to  the  consular  certificates.     Gen.  Reg.  Art.  223. 

(3)  The  value  of  the  silver  dollar  of  the  United  States,  of  the  coinage  of  1853  and  after,  has  been 
determined  by  the  authorities  of  the  Island  of  Porto  Rico  to  be  at  the  rate  of  108  cents  Macuquina, 
or  eight  per  cent,  premium  over  the  Macuquina  currency  of  that  island.     Oen  Reg.  Art.  224. 

(4)  By  a  law  of  Venezuela  of  May  30, 1848,  the  value  of  the  dollar  of  the  United  States  was  fixed 
at  134J  cents  Venezuelan,  making  the  value  of  the  dollar  of  Venezuela  about  75  cents. 

27 


314  TABLE   OP  FOREIGN  MONEYS. 


DENOMINATION.  PARTS.  VALUE. 

Livre  of  Catalonia, 20  sueldos,  12dineros, 53J* 

"      "  Genoa, 20  soldi,  12  denari, 18  6-10 

"      "   Leghorn, 20     "      12      "      16 

**      "   Neufchatel, 20  sols,  12  deniers, 26£* 

M      m   Switzerland, 100  centimes 27* 

"    Tournois  of  France 100        "         18£ 

Marc  Banco  of  Hamburg, 16  skillings,  12  pfenning, 35 

"     Currentof     "  16       "         12        "       28* 

Mill  Rea  of  Azores, 1000  reis, 83J 

"     «    "  Brazil, 1000     "     52* 

«     "    «  Madeira, 1000     "     1.00 

"     "    "  Portugal, 1000     "     1.12 

Ounce  of  Sicily, 30  tari,  20  grani, 2.40 

Pagoda  of  India, 1.94 

"       star,  of  Madras, 42  fanams,  80  cash, 1.84 

Paulo  of  Rome, 10 

Pezzo  of  Leghorn, 90  76-100* 

Piastre  of  Turkey, 100  aspers, 04* 

Pound  of  Great  Britain, 20  shillings,  12  pence, 4.84 

n     „  |  Nova  Scotia,  N.  Brunswick, 1 2Q       ti         J2     u  ..4  00 

(  Newfoundland,  &  Canadas,l .  J 

«      "  Jamaica, 20        "         12     "      4.84 

"     "  Prince  Edward  Island, 20       "         12     "      3.20* 

Real,  plate,  of  Spain, 34  maravedis, 10 

»     vellon,  of    « 34         "  05 

Rigs  Bank  Dollar  of  Denmark,. 96  skillings,  12  penge, 52i* 

Rix  Dollar  of  Batavia, 48  stivers, 75* 

u        u      c<   Berlin, 30  groschen,  12  pfennings, 69 

"        "      "   Bremen, 72  grotes,  5  swares, 78| 

"        "      "   Saxony, 30  groschen,  12  pfennings, 69 

"        «      Banco  of  Sweden, 48  skillings,  12  runstycks, 39| 

"        «     Rixmyntof    "       100  oere, 26£ 

"        "      Banco  of  Norway, 6  marks,  16  skilling, 39J 

"    Thaler  of  Bremen, 72  grotes,  5  swares, 78| 

"         "       "  Hanover  and  Brunswick,.. 24  groschen,  12  pfennings, 69 

it         ic       «  Leipsic, 30        "  12         "         69 

«         »       "  Prussia  &  No.  States  Ger'y ,30        "         12        "        69 

Rouble,  silver,  of  Russia, 100  kopecks, 75 

"       paper,"       "      100       "       3£  to  1  silver.* 

Rupee  of  British  India, 16  annas,  12  pice, 44£ 

"      "  Java, .44* 

Scudi  of  Malta, 12  tari,  20  grani, 40* 

»      "  Sicily, 12tari, 1.00 

Tael  of  China, 10  mace,  100  candareens, 1.48 

(1)  In  the  United  Canadas  the  dollar  ia  rated  at  5s.  Id.  currency,  making  the  value  of  the  pound 
about  $ 3.94.  In  Nova  Scotia  the  dollar  is  rated  at  5s.  2Jd.  currency,  giving  $3.84  to  the  pound,  at 
•which  rate  it  is  taken  at  the  custom  houses  in  the  computation  of  duties,'  (Gen.  Reg.  Art.  218,)  pro- 
vided the  invoice  be  accompanied  by  the  requisite  consulate  certificate.  In  the  British  West  In- 
dfes,  the  general  money  of  account  is  now  in  pounds,  shillings,  and  pence,  sterling.  The  pound 
of  Jamaica  is  accordingly  taken  at  $4.34. 


ADDITIONAL  DECISIONS   UNDER  THE  TARIFF.         315 


ADDITIONAL  DECISIONS  UNDER  THE 
TARIFF. 


§  561.  Pearls  strung  on  thread.  —  Duty  having  been  levied 
on  an  importation  of  pearls  strung  on  thread,  as  embraced 
within  the  classification  of  "  beads  of  amber,  composition,  wax, 
and  all  other  beads,"  in  schedule  C,  the  department,  on  appeal, 
decided  that  pearls  so  strung,  if  imported  to  be  set,  were  enti- 
tled to  entry  under  the  provision  for  u  cameos  and  mosaics, 
diamonds,  gems,  pearls,  rubies,  and  other  precious  stones  not 
set,"  in  schedule  H.      Treas.  Decision,  Dec.  11,  1858. 

§  562.  Grain  bags.  —  Bags  of  American  manufacture  ex- 
ported from  the  United  States  filled  with  grain  and  afterwards 
imported  empty,  or  exported  empty  and  afterwards  imported 
filled  with  grain,  will,  as  heretofore,  be  admitted  to  entry  free 
of  duty,  upon  the  production  of  the  proof  of  such  origin  re- 
quired by  the  law  and  the  regulations  of  the  department. 
Ibid. 

§  563.  Mill-stones. — On  an  importation  of  "stones  of  a 
size  and  form  suitable  for  mill-stones,"  having  a  hole  in  the 
centre  of  each,  and  wrought  sufficiently  on  one  side  to  prepare 
them  for  the  process  of  grooving,  duty  was  levied  at  15  per 
cent,  as  unenumerated ;  but  the  department  held  that  they 
were  entitled  to  free  entry,  under  the  provision  in  schedule  I, 
for  "  burr  stones,"  wrought  or  un wrought,  but  unmanufactured. 
Ibid. 

§  564.  Tea  via  Singapore. — Tea  being  the  production  of 
China,  and  laden  in  the  ports  of  that  country  on  board  of  ves- 
sels of  the  United  States,  or  foreign  vessels  placed  by  treaty 
on  the  footing  of  national  vessels,  and  destined,  in  good  faith, 
for  a  specific  port  and  person  or  persons  in  the  United  States, 
will  not  lose  the  right  of  free  entry,  although  it  may  have 
been  transshipped  at  Singapore  without  change  of  ownership 
or  destination,  to  vessels  of  the  United  States,  or  vessels  placed 
by  treaty  on  the  footing  of  national  vessels,  and  so  imported 
into  the  United  States. 

Satisfactory  proof  must  be  exhibited  to  the  collector  of  the 
original  destination  and  shipment  of  the  tea  for  the  United 
States. 

Tea  laden  from  on  board  of  junks  in  the  waters  within  the 


818        ADDITIONAL  DECISIONS   UNDER  THE  TARIFF. 

provision  for  "  engravings  or  plates,  bound  or  unbound,"  and 
be  admitted  at  a  duty  of  8  per  cent.     Ibid.,  March  25,  1859. 

§  574.  Paintings  on  Glass.  —  Painted  glass  to  be  used  for 
windows,  &c,  was  charged  with  duty  at  24  per  cent.,  under 
the  provision  in  Schedule  C,  for  "glass  colored,  stained,  or 
painted."  The  importer  claimed  entry  free  of  duty  under  the 
provision,  in  Schedule  I,  for  "  paintings  and  statuary."  Held 
that  the  term  "  paintings,"  as  used  in  Schedule  I,  "  must  be 
confined  to  what  are  usually  denominated  '  works  of  art '  or 
4  objects  of  taste,'  and  that  the  duty  was  properly  charged." 
Ibid.,  March  29,  1859. 

§  575.  Percussion  Caps.  —  Duty  was  assessed  on  percus- 
sion caps,  as  manufactures  of  copper,  &c,  under  the  provis- 
ion in  Schedule  C ;  but  the  department,  on  appeal,  held  that 
they  were  included  in  the  provision  for  "  fulminates,  or  ful- 
minating powders,"  enumerated  in  Schedule  E,  and  were 
entitled  to  entry  at  15  per  cent.     Ibid.,  March  29,  1859. 

§  576.  Colored  Engravings.  —  On  an  importation  of  engrav- 
ings, painted  or  colored,  in  whole  or  in  part,  after  they  had 
left  the  press,  duty  was  levied  at  15  per  cent.,  as  unenumerated. 
The  importers  claimed  entry  as  "  engravings  or  plates,  bound 
or  unbound,"  under  Schedule  G.  Held  that  the  article  was 
properly  classified  as  unenumerated,  and  correctly  charged  at 
15  per  cent.     Ibid.,  May  16,  1859. 

§  577.  Plated  Ware  —  Castors,  Liquor  Stands,  fyc.  —  On  an 
importation  of  castors  and  liquor  stands,  containing  cut-glass 
bottles,  duty  was  levied  at  30  per  cent.,  under  the  provision  in  the 
20th  section  of  the  act  of  1842,  that  "on  all  articles  manu- 
factured from  two  or  more  materials,  the  duty  shall  be  as- 
sessed at  the  highest  rate  at  which  any  of  its  component  parts 
may  be  chargeable."  Held  that  the  assessment  was  incorrect, 
and  that  the  articles  were  entitled  to  entry,  as  manufactures  of 
metal,  under  Schedule  C,  at  24  per  cent.  Ibid.,  May  17, 
1859. 

§  578.  Paper  Clippings  or  Shavings  —  being  the  refuse  of 
sheets  or  other  manufactures  of  paper  —  were  charged  with 
duty  at  15  per  cent.,  as  unenumerated.  The  importers  claimed 
that  they  were  entitled  to  entry  free  of  duty,  under  the  20th 
section  of  the  act  of  1842,  by  reason  of  their  similitude  in 
use  to  rags,  exempted  from  duty  by  the  act  of  1857.  But 
the  department  held  that  by  the  terms  of  the  act  of  1842, 
"  the  similitude  must  be  to  articles  '  chargeable  with  duty,' " 
and,  as  *  rags  of  whatever  material  except  wool '  were  made 
free  by  the  act  of  1857,  the  provision  of  the  act  of  1842  was 


ADDITIONAL  DECISIONS   UNDER  THE  TARIFF.         319 

inapplicable,  and  that  the  duty  of  15  per  cent,  was  properly- 
exacted.     Ibid.,  May  24,  1859. 

§  579.  Silk  Violin  Strings.  —  Duty  was  levied  on  violin 
strings  composed  of  silk  at  19  per  cent.,  as  "  manufactures  of  silk 
not  otherwise  provided  for,"  under  Schedule  D.  The  importer 
claimed  entry  at  15  per  cent.,  under  the  provision  for  "  musi- 
cal instruments  of  all  kinds,  and  strings  for  musical  instru- 
ments of  whipgut  or  catgut,  and  all  other  strings  of  the  same 
material."  Held  that  the  strings  in  question,  not  being  com- 
posed of  the  material  enumerated,  were  correctly  classified 
and  properly  charged.     Ibid.,  June  21,  1859. 

§  580.  Veneers  —  imported  from  Canada  —  were  classified  as 
manufactures  of  wood  not  otherwise  provided  for,  and  charged 
with  duty  at  24  per  cent,  under  Schedule  C.  But  the  de- 
partment decided  that  as  they  were  produced  wholly  by  saw- 
ing, they  were  entitled  to  free  entry  under  the  classification  in 
the  schedule  annexed  to  the  3d  article  of  the  Reciprocity 
Treaty,  of  "  timber  and  lumber  of  all  kinds,  round,  hewed, 
and  sawed,  unmanufactured  in  whole  or  in  part."  Ibid.,  June 
21,  1859. 

§  581.  Gamboge.  —  Duty  was  charged  on  this  article  at  15 
per  cent,  under  Schedule  E.  The  importers  claimed  that  it 
was  entitled  to  entry  at  8  per  cent.,  under  the  provision  of  the 
act  of  1857,  by  which  "gums,  Arabic,  Barbary,  &c,  and  all 
other  gums  and  resins  in  a  crude  state  "  were  transferred  to 
Schedule  G.  But  the  department  held  that  it  was  included  in 
Schedule  E,  either  as  gamboge  specially  provided  for,  or  as  a 
medicinal  gum.     Ibid.,  June  25,  1859. 

§  582.  Brass  Clippings.  —  Entry  was  claimed  free  of  duty, 
under  the  provision  in  Schedule  I  for  "  brass,  old,  and  fit  only 
to  be  remanufactured."  But  the  department  held  that  as  the  ar- 
ticle in  question  was  the  "  clippings  of  new  or  unused  sheets  of 
metal,"  they  could  not  be  brought  within  that  description,  and 
were  chargeable  as  unenumerated,  with  a  duty  of  15  per 
cent.     Ibid.,  June  25,  1859. 

§  583.  Manufactures  of  Marble  —  Tomb  Stone.  —  Entry  was 
claimed  as  statuary,  free  of  duty;  but  the  department  de- 
cided that  the  article  in  question,  though  ornamented  with 
figures  in  bas-relief,  was  not  statuary  within  the  meaning  of 
the  law,  but  a  tomb  stone,  and  as  such  chargeable  as  a  manu- 
facture of  marble,  under  Schedule  C.     Ibid.,  June  28,  1859. 

§  584.  Fluted  Plate  Glass.  —  On  an  importation  of  an  article 
so  described,  entry  was  claimed  under  Schedule  E,  as  "  win- 
dow glass,  broad,  crown,  or  cylinder."     But  the  department 


320        ADDITIONAL   DECISIONS   UNDER   THE    TARIFF. 

held  that  if  the  article  was  intended  for  use  as  window  glass, 
it  did  not  come  within  the  description  of  "  broad,  crown,  or 
cylinder,"  and  was  therefore  chargeable  as  a  manufacture  of 
gla>s,  under  Schedule  C.     Ibid.,  June  28,  1859. 

§  585.  Drop  Black.  —  Entry  was  claimed  free  of  duty  as 
"  bone  black,"  under  Schedule  I.  But  the  article  being  well 
known  as  a  paint,  and  used  exclusively  for  that  purpose,  it 
was  held  to  be  chargeable  with  15  per  cent,  under  the  classi- 
fication of  "  paints,  dry  or  ground  in  oil,"  in  Schedule  E.  Ibid., 
July  11,  1859. 

§  586.  Caraway  Seed.  —  This  article  was  charged  with  duty 
at  15  per  cent.,  as  unenumerated.  Held,  that  being  used  chiefly 
for  medicinal  purposes  and  in  the  manufacture  of  confectionery, 
it  was  embraced  within  the  provision  in  Schedule  I,  and  was 
entitled  to  admission  free  of  duty.     Ibid.,  Aug.  2,  1859. 

§  587.  Desiccated  and  Compressed  Vegetables.  —  Held  to 
be  liable  to  a  duty  of  30  per  cent.,  under  the  provision  in 
Schedule  B,  for  "  prepared  vegetables,  meats,  poultry,  and 
game,  sealed  or  enclosed  in  cans,  or  otherwise."  Ibid.,  Aug. 
30,  1859. 

§  588.  Plate  Glass.  —  This  article,  not  being  embraced 
within  the  classification  of  "  window  glass,  broad,  crown,  or 
cylinder,"  was  held  to  be  liable  to  duty  as  a  manufacture  of 
glass,  under  Schedule  C.     Ibid.,  Aug.  31,  1859. 

§  589.  Slipper  Patterns,  Button  Stuffs,  fyc.  —  On  an  impor- 
tation of  an  article  described  as  "  felt  slipper  patterns,"  be- 
ing a  manufacture  of  worsted,  duty  was  exacted  at  19  per 
cent.  The  importers  claimed  entry  at  4  per  cent.,  under  the 
provision  in  Schedule  H  for  manufactures  of  mohair  cloth,  &c, 
suitable  for  the  manufacture  of  shoes,  &c,  cut  in  slips  or  pat- 
terns, &c.  It  appearing  that  the  patterns  were  only  stamped 
or  printed  on  the  cloth,  and  that  the  article  was  imported  in 
pieces  containing  six  patterns  each,  the  department  decided 
that  duty  was  properly  exacted  at  19  per  cent.  "  It  is  not  a 
sufficient  compliance  with  the  law  that  the  patterns  are 
stamped  or  printed  on  the  cloth.  The  fabric  should  have  been 
'  cut  into  slips  or  patterns  of  the  size  and  shape  for  slippers,' " 
and  in  that  form  imported,  in  order  to  entitle  them  to  entry  at 
4  per  cent,  under  Schedule  H.  On  an  importation  of  Italian 
cloths,  claimed  to  be  entitled  to  entry  as  suitable  for  the  man- 
ufacture of  buttons,  the  department  held  that  as  the  fabric  was 
not  cut  into  slips  or  patterns  of  the  size  and  shape  for  buttons, 
entry  under  Schedule  H  was  not  admissible.  Ibid.,  Sept.  10 
and  15,  1859. 


ADDITIONAL    DECISIONS   UNDER  THE  TARIFF.         321 

§  590.  Traveling  Rugs.  —  Entry  was  claimed  as  "  blankets." 
Held  to  be  liable  to  duty  at  24  per  cent,  as  manufactures  of  wool, 
or,  if  composed  of  other  material,  then  to  the  same  rate  as 
"  articles  worn  by  men,  women,  and  children,"  the  same  being 
prepared,  sewed,  and  made  up  with  the  view  of  being  worn  on 
the  person.     Ibid.,  Sept.  21,  1859. 

§  591.  Porcelain  Toys.  —  Duty  was  charged  on  an  impor- 
tation of  small  porcelain  figures  at  24  per  cent.,  under  the 
classification  of  "  dolls  and  toys  of  all  kinds."  The  importers 
claimed  entry  free  of  duty  as  statuary.  Held  that  the  articles 
could  not  be  regarded  as  statuary  within  the  meaning  of  the 
law,  or  as  that  term  is  used  and  understood  in  commercial  par- 
lance, and  that  the  duty  was  rightly  levied.   Ibid.,  Oct.  10, 1859. 

§  592.  Italian  Flax.  —  On  an  article  thus  designated  by  the 
importers,  duty  was  levied  as  "  hemp  unmanufactured."  That 
the  article  was  in  point  of  fact  hemp,  was  not  denied  by  the 
importers  ;  but  they  claimed  that  it  had  long  been  known  in 
commerce  as  flax,  and  that  its  commercial  designation  should 
control  its  classification.  The  department,  however,  decided 
that  it  was  liable  as  hemp,  under  the  provision  in  Schedule  C. 
Ibid.,  Oct.  24,  1859. 

§  593.  Colored  Glass.  —  On  certain  glass  imported  in  long 
round  pieces  of  different  colors,  and  intended  for  the  manufac- 
ture of  buttons  and  imitations  of  precious  stones,  duty  was 
levied  under  the  classification,  in  Schedule  C,  of  "  glass,  colored, 
stained,  or  painted."  The  importer  claimed  entry  free  of 
duty  as  B  glass  old  and  fit  only  to  be  remanufactured."  Held 
that  the  phrase  "  old  and  fit  only  to  be  remanufactured "  has 
reference  to  old  material,  vessels,  or  other  manufactures,  so 
worn,  impaired,  or  broken,  asto  be  fit  only  to  be  reworked  or 
manufactured  anew ;  that  the  glass  in  question  did  not  come 
within  the  classification,  and  that  the  duty  was  properly  as- 
sessed.    Ibid.,  Dec.  81,  1859. 

§  594.  Mill  Stones,  not  Burr.  —  On  an  importation  of  "  rice 
mill  stones,"  duty  was  charged  at  the  rate  of  15  per  cent.,  as 
unenumerated.  The  importers  claimed  entry  free  of  duty  as 
"burr  stones,  wrought  or  unwrought,  but  unmanufactured,"  or 
as  "  polishing  stones,"  provided  for  in  Schedule  G,  at  8  per  cent. 
Held  that  the  article  did  not  come  within  either  of  these  clas- 
sifications, and  was  properly  charged  with  15  per  cent,  as  un- 
enumerated.    Ibid.,  Dec.  14,  1859. 

§  595.  Nut  Galls.  —  Entry  was  claimed  free  of  duty  under 
the  provisions  in  Schedule  I,  for  "  articles  in  a  crude  state 
used  in  dyeing  or  tanning  not  otherwise  provided  for,"  and 


322       ADDITIONAL    DECISIONS   UNDER  THE   TARIFF. 

"  berries,  nuts,  &c.,  used  exclusively  in  dyeing  or  composing 
dyes,"  &c.  Held,  that  the  article  could  not  be  brought  with- 
in the  first  classification,  because  it  was  otherwise  provided  for, 
being  expressly  named  in  Schedule  H,  nor  within  the  last,  not 
being  used  exclusively  in  dyeing  or  composing  dyes,  and  that 
the  duty  was  rightly  levied  at  4  per  cent.  Ibid.,  Dec.  19, 
1859. 

§  596.  Patent  Slates.  —  On  an  importation  of  an  article  in- 
voiced as  "  patent  slates,"  being  an  iron  plate  coated  with  a 
preparation  of  powered  slate  and  set  in  a  wooden  frame,  and 
used  for  the  same  purposes  as  mineral  slates,  duty  was  as- 
sessed under  the  classification  in  Schedule  C, as  "manufactures 
of  iron."  The  importer  claimed  entry  under  the  classification, 
in  Schedule  D,  of  "  roofing  slates,  and  slates  other  than  roofing 
slates."  Held,  that  the  classification  in  Schedule  D  refers  only 
to  articles  of  the  mineral  known  as  "  slate,"  and  that  duty 
was  properly  levied  under  the  classification  in  Schedule  C. 
Ibid.,  Jan.  9,  1860. 

§  597.  Silk.  —  On  an  article  of  silk,  described  by  the  im- 
porter as  tram  or  organzine,  duty  was  levied  at  19  per  cent 
as  manufactures  of  silk  under  Schedule  D.  Entry  was  claimed 
under  the  classification,  in  Schedule  F,  of  "  silk  raw,  not  more 
advanced  in  manufacture  than  singles,  tram  and  thrown,  or  or- 
ganzine." It  appearing,  however,  that  the  article,  though  be- 
longing to  silk  in  the  condition  known  as  organzine,  had  been 
purified  from  the  gum  and  dyed,  it  was  held  to  fall  within  the 
classification  in  Schedule  D,  and  to  be  liable  to  duty  as  a  man- 
ufacture of  silk.     Ibid.,  Jan.  18,  1860. 

§  598.  Oats.  —  On  an  importation  of  oats,  alleged  to  be  for 
agricultural  purposes  exclusively,  duty  was  assessed  at  15  per 
cent,  under  the  classification,  in  Schedule  E,  of  "  oats  and  oat- 
meal." Entry  was  claimed  free  of  duty  under  the  provision, 
in  Schedule  I,  for  garden  seeds,  and  all  other  seeds  for  agricul- 
tural purposes  not  otherwise  provided  for.  Held,  that  when 
an  article  is  expressly  provided  for  in  a  dutiable  schedule,  as 
in  this  case,  the  department  is  not  at  liberty  to  make  any  quali- 
fication or  exception,  not  expressly  authorized  by  law,  to  carry 
it  into  the  free  list.  The  decision  of  the  collector,  imposing  a 
duty  of  15  per  cent.,  was  therefore  affirmed.  Ibid.,  Jan.  24, 
1860. 

§  599.  Molasses  damaged  by  Souring  on  the  Voyage  not  en- 
titled to  Allowance.  —  After  a  careful  consideration  of  the 
subject,  the  department  is  of  the  opinion  that  the  souring  of 
molasses  is  not  a  proper  subject  of  damage,  and  you  are  ac- 


MISCELLANEOUS  REGULATIONS.  323 

cordingly  instructed  not  to  grant,  hereafter,  appraisement  orders 
for  the  ascertainment  of  damage  occasioned  by  molasses  sour- 
ing on  the  vovage  of  importation.  Treasury  Letter,  Sept.  19, 
1859. 


MISCELLANEOUS  KEGULATIONS. 

§  600.  Additional  Routes  to  Canada.  —  By  treasury  regu- 
lation of  May  29,  1859,  Newport  and  Derby,  in  the  state  of 
Vermont,  are  established  as  ports  by  way  of  which  merchan- 
dise for  exportation,  in  bond,  to  the  adjacent  British  Prov- 
inces, may  be  forwarded  from  the  ports  of  importation  in  the 
United  States. 

§  601.  Spanish  Tonnage  Duties.  —  By  an  order  of  the  Span- 
ish government,  vessels  of  the  United  States,  arriving  in  ports 
of  Spain  and  adjacent  islands,  are  placed  on  the  footing  of  na- 
tional vessels,  as  regards  the  duties  of  port  and  navigation. 

In  consideration  of  this  exemption,  Spanish  vessels  arriving 
in  ports  of  the  United  States,  from  Spanish  or  other  foreign 
ports,  (those  of  Cuba  and  Porto  Rico  excepted,)  will  be  per- 
mitted to  enter  on  the  same  footing  with  vessels  of  the  United 
States,  as  regards  tonnage  duties,  light  money,  and  all  other 
dues  to  the  United  States,  so  far  as  respects  the  vessels. 

Spanish  vessels  arriving  in  ports  of  the  United  States 
from  Cuba  or  Porto  Rico,  not  being  embraced  in  the  forego- 
ing regulation,  are  specially  provided  for  by  the  acts  of  July  13, 
1832,  and  June  30,  1834,  and  the  instructions  of  the  depart- 
ment in  pursuance  thereof,  which  will  continue  to  be  enforced 
as  heretofore.     Treas.  Beg.,  Sept.  21,  1859. 

§  602.  Entry  of  Vessels  from  Foreign  Ports. — It  is  repre- 
sented to  the  department  that  vessels  owned  in  districts  adja- 
cent to  the  British  North  American  provinces,  take  cargoes  on 
board  in  provincial  ports,  destined  for  ports  of  the  United 
States  on  the  seaboard,  and,  on  entering  the  waters  of  the 
United  States,  proceed  in  the  first  instance  to  their  home  ports, 
and  there  exchange  their  registers  for  enrollments  and  licenses, 
under  which  they  proceed  to  their  ports  of  destination,  and 
claim  to  enter  coastwise. 

It  is  also  represented  that,  in  some  instances,  they  make  an 
entry  as  from  a  foreign  port,  when  they  exchange  their  papers, 


322       ADDITIONAL    DECISIONS  UNDER  THE   TARIFF. 

"  berries,  nuts,  &c,  used  exclusively  in  dyeing  or  composing 
dyes,"  &c.  Held,  that  the  article  could  not  be  brought  with- 
in the  first  classification,  because  it  was  otherwise  provided  for, 
being  expressly  named  in  Schedule  H,  nor  within  the  last,  not 
being  used  exclusively  in  dyeing  or  composing  dyes,  and  that 
the  duty  was  rightly  levied  at  4  per  cent.  Ibid.,  Dec.  19, 
1859. 

§  596.  Patent  Slates.  —  On  an  importation  of  an  article  in- 
voiced as  "  patent  slates,"  being  an  iron  plate  coated  with  a 
preparation  of  powered  slate  and  set  in  a  wooden  frame,  and 
used  for  the  same  purposes  as  mineral  slates,  duty  was  as- 
sessed under  the  classification  in  Schedule  C, as  "manufactures 
of  iron."  The  importer  claimed  entry  under  the  classification, 
in  Schedule  D,  of  "  roofing  slates,  and  slates  other  than  roofing 
slates."  Held,  that  the  classification  in  Schedule  D  refers  only 
to  articles  of  the  mineral  known  as  "  slate,"  and  that  duty 
was  properly  levied  under  the  classification  in  Schedule  C. 
Ibid.,  Jan.  9,  1860. 

§  597.  Silk.  —  On  an  article  of  silk,  described  by  the  im- 
porter as  tram  or  organzine,  duty  was  levied  at  19  percent 
as  manufactures  of  silk  under  Schedule  D.  Entry  was  claimed 
under  the  classification,  in  Schedule  F,  of  "  silk  raw,  not  more 
advanced  in  manufacture  than  singles,  tram  and  thrown,  or  or- 
ganzine." It  appearing,  however,  that  the  article,  though  be- 
longing to  silk  in  the  condition  known  as  organzine,  had  been 
purified  from  the  gum  and  dyed,  it  was  held  to  fall  within  the 
classification  in  Schedule  D,  and  to  be  liable  to  duty  as  a  man- 
ufacture of  silk.     Ibid.,  Jan.  18,  1860. 

§  598.  Oats.  —  On  an  importation  of  oats,  alleged  to  be  for 
agricultural  purposes  exclusively,  duty  was  assessed  at  15  per 
cent,  under  the  classification,  in  Schedule  E,  of  "  oats  and  oat- 
meal." Entry  was  claimed  free  of  duty  under  the  provision, 
in  Schedule  I,  for  garden  seeds,  and  all  other  seeds  for  agricul- 
tural purposes  not  otherwise  provided  for.  Held,  that  when 
an  article  is  expressly  provided  for  in  a  dutiable  schedule,  as 
in  this  case,  the  department  is  not  at  liberty  to  make  any  quali- 
fication or  exception,  not  expressly  authorized  by  law,  to  carry 
it  into  the  free  list.  The  decision  of  the  collector,  imposing  a 
duty  of  15  per  cent.,  was  therefore  affirmed.  Ibid.,  Jan.  24, 
1860. 

§  599.  Molasses  damaged  by  Souring  on  the  Voyage  not  en- 
titled to  Allowance.  —  After  a  careful  consideration  of  the 
subject,  the  department  is  of  the  opinion  that  the  souring  of 
molasses  is  not  a  proper  subject  of  damage,  and  you  are  ac- 


MISCELLANEOUS  REGULATIONS.  323 

cordingly  instructed  not  to  grant,  hereafter,  appraisement  orders 
for  the  ascertainment  of  damage  occasioned  by  molasses  sour- 
ing on  the  voyage  of  importation.  Treasury  Letter,  Sept.  19, 
1859. 


MISCELLANEOUS  EEGULATIONS. 

§  600.  Additional  Routes  to  Canada.  —  By  treasury  regu- 
lation of  May  29,  1859,  Newport  and  Derby,  in  the  state  of 
Vermont,  are  established  as  ports  by  way  of  which  merchan- 
dise for  exportation,  in  bond,  to  the  adjacent  British  Prov- 
inces, may  be  forwarded  from  the  ports  of  importation  in  the 
United  States. 

§  601.  Spanish  Tonnage  Duties.  —  By  an  order  of  the  Span- 
ish government,  vessels  of  the  United  States,  arriving  in  ports 
of  Spain  and  adjacent  islands,  are  placed  on  the  footing  of  na- 
tional vessels,  as  regards  the  duties  of  port  and  navigation. 

In  consideration  of  this  exemption,  Spanish  vessels  arriving 
in  ports  of  the  United  States,  from  Spanish  or  other  foreign 
ports,  (those  of  Cuba  and  Porto  Rico  excepted,)  will  be  per- 
mitted to  enter  on  the  same  footing  with  vessels  of  the  United 
States,  as  regards  tonnage  duties,  light  money,  and  all  other 
dues  to  the  United  States,  so  far  as  respects  the  vessels. 

Spanish  vessels  arriving  in  ports  of  the  United  States 
from  Cuba  or  Porto  Rico,  not  being  embraced  in  the  forego- 
ing regulation,  are  specially  provided  for  by  the  acts  of  July  13, 
1832,  and  June  30,  1834,  and  the  instructions  of  the  depart- 
ment in  pursuance  thereof,  which  will  continue  to  be  enforced 
as  heretofore.     Treas.  Reg.,  Sept.  21,  1859. 

§  602.  Entry  of  Vessels  from  Foreign  Ports.  — It  is  repre- 
sented to  the  department  that  vessels  owned  in  districts  adja- 
cent to  the  British  North  American  provinces,  take  cargoes  on 
board  in  provincial  ports,  destined  for  ports  of  the  United 
States  on  the  seaboard,  and,  on  entering  the  waters  of  the 
United  States,  proceed  in  the  first  instance  to  their  home  ports, 
and  there  exchange  their  registers  for  enrollments  and  licenses, 
under  which  they  proceed  to  their  ports  of  destination,  and 
claim  to  enter  coastwise. 

It  is  also  represented  that,  in  some  instances,  they  make  an 
entry  as  from  a  foreign  port,  when  they  exchange  their  papers, 


324  MISCELLANEOUS  REGULATIONS. 

but  the  cargo  is  not  unladen  or  inspected,  but  passes  at  once, 
under  a  coastwise  manifest,  to  the  original  port  of  destination. 
This  practice  is  clearly  illegal,  and  must  be  discontinued. 
Vessels  from  foreign  ports  must  deliver  their  cargoes  under 
the  inward  manifests  prescribed  by  law.  They  must  complete 
their  voyages  to  the  ports  of  destination  exhibited  on  their 
manifests,  under  their  registers,  which  cannot  be  exchanged 
for  enrollments  and  licenses,  until  entries  are  duly  made  as  from 
foreign  ports,  and  the  merchandise  brought  in  them  duly  un- 
laden by  permit  from  the  proper  officers  of  the  customs. 
Ibid. 

§  603.  Navigation  of  Waters  on  the  Northern,  North-east- 
ern, and  North-western  Frontiers.  —  The  enrollment  and  license 
issued  under  the  act  of  2d  March,  1831,  authorizes  a  vessel  to 
engage  both  in  the  coasting  and  foreign  trade  only  when  navi- 
gating "  otherwise  than  by  sea." 

In  several  instances,  of  late,  vessels  have  cleared  from  their 
home  ports  on  the  lakes  for  European  destinations  or  for  ports 
in  the  United  States  on  the  seaboard.  The  papers  under 
which  they  navigate  the  lakes  are  not,  it  is  obvious,  the  proper 
documents  for  vessels  pursuing  voyages  of  that  description. 
Recourse  must  be  had,  in  such  cases,  to  the  provisions  of  the 
acts  of  the  31st  December,  1792,  and  18th  February,  1793, 
prescribing  marine  papers  for  vessels  navigating  the  ocean 
and  its  tributaries  in  the  foreign  and  coasting  trade.  If,  then, 
a  vessel  is  bound  from  a  port  on  the  northern  lakes  or  tribu- 
taries, to  a  European  or  other  foreign  port,  in  part  by  sea,  her  en- 
rollment and  license  should  be  surrendered,  and  she  should  be 
furnished  with  a  register,  under  the  provisions  of  the  act  of 
31st  December,  1792.  If  she  is  destined  for  a  port  in  the 
United  States,  coastwise,  in  part  by  sea,  she  should  surrender 
her  enrollment  and  license,  under  the  act  of  2d  March,  1831, 
and  should  be  furnished  with  an  enrollment  and  license  under 
the  provisions  of  the  act  of  the  18th  February,  1793. 

If  she  sails  for  a  provincial  port,  and  it  is  intended  to  clear 
her  thence  for  a  port  in  the  United  States  on  the  seaboard,  or 
for  a  foreign  port,  in  part  by  sea,  she  should  be  furnished  with 
a  register  under  the  act  of  31st  December,  1792,  before 
leaving  her  home  or  a  lake  port  on  such  a  voyage.    Ibid. 


ERRATA. 
Page  173,  Caraway  seed,  for  schedule  E,  15,  read  I,  Free. 
Page  174,  Castor  beans,  for  schedule  E,  15,  read  I,  Free. 
Page  181,  Glycerine,  for  schedule  E,  15,  read  C,  24. 
Page  189,  Mustard  seed  unground,  sched.  E,  15,  read  I,  Free. 
Page  190,  Nut  galls,  schedule  I,  Free,  read  H,  4. 
Page  302,  Foot,  Rhinland,  for  lT%\foot,  read  12T356ff  inches. 


324  MISCELLANEOUS  REGULATIONS. 

but  the  cargo  is  not  unladen  or  inspected,  but  passes  at  once, 
under  a  coastwise  manifest,  to  the  original  port  of  destination, 
This  practice  is  clearly  illegal,  and  must  be  discontinued. 
Vessels  from  foreign  ports  must  deliver  their  cargoes  under 
the  inward  manifests  prescribed  by  law.  They  must  complete 
their  voyages  to  the  ports  of  destination  exhibited  on  their 
manifests,  under  their  registers,  which  cannot  be  exchanged 
for  enrollments  and  licenses,  until  entries  are  duly  made  as  from 
foreign  ports,  and  the  merchandise  brought  in  them  duly  un- 
laden by  permit  from  the  proper  officers  of  the  customs. 
Ibid. 

§  603.  Navigation  of  Waters  on  the  Northern,  North-east- 
ern, and  North-western  Frontiers.  —  The  enrollment  and  license 
issued  under  the  act  of  2d  March,  1831,  authorizes  a  vessel  to 
engage  both  in  the  coasting  and  foreign  trade  only  when  navi- 
gating "  otherwise  than  by  sea." 


rollment  and  license  should  be  surrendered,  and  she  should  be 
furnished  with  a  register,  under  the  provisions  of  the  act  of 
31st  December,  1792.  If  she  is  destined  for  a  port  in  the 
United  States,  coastwise,  in  part  by  sea,  she  should  surrender 
her  enrollment  and  license,  under  the  act  of  2d  March,  1831, 
and  should  be  furnished  with  an  enrollment  and  license  under 
the  provisions  of  the  act  of  the  18th  February,  1793. 

If  she  sails  for  a  provincial  port,  and  it  is  intended  to  clear 
her  thence  for  a  port  in  the  United  States  on  the  seaboard,  or 
for  a  foreign  port,  in  part  by  sea,  she  should  be  furnished  with 
a  register  under  the  act  of  31st  December,  1792,  before 
leaving  her  home  or  a  lake  port  on  such  a  voyage.    Ibid. 


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